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News & Views

News and relevant legal opinion pieces from MP|W and publishing partners

Latest Articles

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?
22 April 2024

The MTI liquidation is in the news again, this time in the context of the liquidators demanding repayment from investors... who managed to get their monies out of the company before its collapse.   Firstly, we debunk the very common myth that “early birds” who get their money out of a pyramid or ponzi scheme in time are “winners” and not, like the vast majority, hands-down losers.   But how exactly will liquidators use their Insolvency Act powers to pursue early birds for repayment? Read on for the details… 

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7
Article
MP|W Attorneys: Our Values Guide Our Legal Practice
22 April 2024

At MP|W Attorneys, we believe in the power of core values to shape our legal services. Trust, integrity, relationships, and... loyalty are principles that guide every interaction with our clients. Our commitment to these values ensures we provide legal advice and solutions that are straightforward, ethical, and tailored to your unique needs.

READ MORE
9
Article
Can a Homeowners Association take over refuse removal from a local authority?
27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
29
Article
What to expect from the new draft Employment Equity Act Regulations
27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
28
Article
How liable is an owner for damage caused by animals?
26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
29
Article
To click or to ink? Are electronically signed sale of property agreements valid in SA?
26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
26
Article
Safeguarding your legacy for your children
26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
31
Article
Empowering Businesses: Legal Solutions in Insolvency, Sequestration, and Business Rescue by MP|W Attorneys
25 March 2024

Did You Know? In the challenging landscape of business finance, timely intervention is often the key to preventing a complete... collapse. At MP|W Attorneys, we emphasise the importance of early action in business rescue scenarios. By engaging with our legal experts promptly, you can explore options that may not be available at later stages of financial distress.

READ MORE
53
Article
AI Rights vs Human Rights
20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article
“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?
13 March 2024

Many landlords have installed “alternative power sources”, like generators, inverters, solar panels and so on, to help their tenants survive... the ongoing loadshedding.   A recent High Court fight between a mall owner and an upmarket gym over the gym’s access to the landlord’s generator arose when “out of the blue” the landlord demanded that the tenant start paying an additional “diesel recovery levy”. The gym refused to pay, the landlord cut off its access to the generator, and the tenant rushed to court asking for an urgent reconnection order. We discuss the outcome, and the Court’s reasons for its decision.

READ MORE
40
Article
Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?
13 March 2024

Directors must comply with a long list of onerous duties or risk personal liability for company debts and losses, criminal ... liability, and declaration as a “delinquent” director – a severe and career-threatening sanction.   Until now, creditors have been unable to apply for offending directors to be declared delinquent even when they have cause to attribute their and other stakeholder losses to director misconduct. That has changed with a recent High Court decision, which we’ll analyse in the context of when creditors can get authority to make such an application and what they must prove to succeed.  

READ MORE
36
Article
Can You Use Land Use Laws to Close Down a Neighbour’s Business?
13 March 2024

If you find yourself being driven to distraction by nuisance from a neighbour’s business operation, and if all your efforts... to find a peaceful compromise have come to nought, it’s time to consider going the legal route. That’s never first prize with neighbours, but if they leave you no choice it’s off to court you go.   We discuss the outcomes of two cases involving businesses being conducted by neighbours in breach of the local land use laws. To end off, we’ll share some advice on checking a property’s land use restrictions and zoning before you buy it.

READ MORE
36
Article

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

22 April 2024

The MTI liquidation is in the news again, this time in the context of the liquidators demanding repayment from investors... who managed to get their monies out of the company before its collapse.   Firstly, we debunk the very common myth that “early birds” who get their money out of a pyramid or ponzi scheme in time are “winners” and not, like the vast majority, hands-down losers.   But how exactly will liquidators use their Insolvency Act powers to pursue early birds for repayment? Read on for the details… 

READ MORE
7
Article

MP|W Attorneys: Our Values Guide Our Legal Practice

22 April 2024

At MP|W Attorneys, we believe in the power of core values to shape our legal services. Trust, integrity, relationships, and... loyalty are principles that guide every interaction with our clients. Our commitment to these values ensures we provide legal advice and solutions that are straightforward, ethical, and tailored to your unique needs.

READ MORE
9
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
29
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
28
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
29
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
26
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
31
Article

Empowering Businesses: Legal Solutions in Insolvency, Sequestration, and Business Rescue by MP|W Attorneys

25 March 2024

Did You Know? In the challenging landscape of business finance, timely intervention is often the key to preventing a complete... collapse. At MP|W Attorneys, we emphasise the importance of early action in business rescue scenarios. By engaging with our legal experts promptly, you can explore options that may not be available at later stages of financial distress.

READ MORE
53
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

13 March 2024

Many landlords have installed “alternative power sources”, like generators, inverters, solar panels and so on, to help their tenants survive... the ongoing loadshedding.   A recent High Court fight between a mall owner and an upmarket gym over the gym’s access to the landlord’s generator arose when “out of the blue” the landlord demanded that the tenant start paying an additional “diesel recovery levy”. The gym refused to pay, the landlord cut off its access to the generator, and the tenant rushed to court asking for an urgent reconnection order. We discuss the outcome, and the Court’s reasons for its decision.

READ MORE
40
Article

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

13 March 2024

Directors must comply with a long list of onerous duties or risk personal liability for company debts and losses, criminal ... liability, and declaration as a “delinquent” director – a severe and career-threatening sanction.   Until now, creditors have been unable to apply for offending directors to be declared delinquent even when they have cause to attribute their and other stakeholder losses to director misconduct. That has changed with a recent High Court decision, which we’ll analyse in the context of when creditors can get authority to make such an application and what they must prove to succeed.  

READ MORE
36
Article

Can You Use Land Use Laws to Close Down a Neighbour’s Business?

13 March 2024

If you find yourself being driven to distraction by nuisance from a neighbour’s business operation, and if all your efforts... to find a peaceful compromise have come to nought, it’s time to consider going the legal route. That’s never first prize with neighbours, but if they leave you no choice it’s off to court you go.   We discuss the outcomes of two cases involving businesses being conducted by neighbours in breach of the local land use laws. To end off, we’ll share some advice on checking a property’s land use restrictions and zoning before you buy it.

READ MORE
36
Article
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MP|W Attorneys: Your Partner in Corporate and Commercial Legal Excellence

27 February 2024

At MP|W Attorneys, we pride ourselves on our deep expertise and personalised approach to corporate and commercial law. With our... experienced team, we assist business owners and entrepreneurs in navigating the complexities of the legal landscape to create ideal business conditions.

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64
Article
How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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48
Article
Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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52
Article
SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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70
Article
Celebrating the life and legacy of Paul Wisenberg: Lawyer, Leader, and Friend

22 February 2024

The sudden passing of Paul Wisenberg has left a profound void in the legal community and amongst all who knew... him. A highly respected lawyer, Paul was admired for his intellectual prowess and deep understanding of the law. He was the holder of both a B Comm LLB and an MBA from the University of Cape Town.

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207
Article
South Africa’s four-day workweek trial: the good and the bad

21 February 2024

From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to... assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.

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52
Article
Why a clean donation can have sticky consequences

21 February 2024

A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article,... we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.

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58
Article
Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

29 January 2024

Directors must comply with a long list of onerous duties or risk personal liability for company debts and losses, criminal ... liability, and declaration as a “delinquent” director – a severe and career-threatening sanction.   Until now, creditors have been unable to apply for offending directors to be declared delinquent even when they have cause to attribute their and other stakeholder losses to director misconduct. That has changed with a recent High Court decision, which we’ll analyse in the context of when creditors can get authority to make such an application and what they must prove to succeed.  

READ MORE
93
Article
Ringing in 2024 with MP|W

29 January 2024

As the New Year begins, MP|W extends heartfelt wishes for a prosperous 2024 to all our esteemed clients and colleagues.... This year marks not just another step forward in time, but a reaffirmation of our unwavering commitment to delivering a comprehensive range of legal services, tailored to the dynamic needs of our clients.

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145
Article
An introduction to mergers and acquisitions in South Africa

24 January 2024

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

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152
Article
Can you use your culture to justify being absent from work?

15 January 2024

Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms... of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.

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87
Article
When can you be barred from registering a trade mark?

15 January 2024

A question often asked when consulting with clients about trade marks is when and how can you be barred from... registering a trade mark? 

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61
Article

The information in the news and views section relate to recent legal developments, is intended to provide general guidance and does not constitute legal advice. MP|W will not be liable for any loss or damage arising from reliance upon the content of this website.

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