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News & Views

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

Latest Articles

How divorced couples can make the holiday season easier for their children
07 October 2024

The holiday season can be both joyful and challenging for divorced families. Ensuring that children feel secure and happy during... this time requires some planning and cooperation.

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24
Article
The Companies Amendment Act puts directors in the hot seat
03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

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19
Article
Merging the pieces when transactions become indivisible
03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

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17
Article
Piecing together the puzzle of cross-border cases
03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

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19
Article
Navigating the legal blueprint for property expansions
03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

READ MORE
17
Article
The Two-Pot Pension System and divorce
03 October 2024

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

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21
Article
In the land of the Will, clarity is king
18 September 2024

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used.... And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below)When drawing up your will (“Last Will and Testament”), remember that “clarity is king”. Ambiguity is one of the cardinal sins of will-drawing because it exposes your loved ones to the risk of uncertainty, dispute, rancour, and quite possibly expensive litigation.

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41
Article
Estate planning: Remember your pets!
18 September 2024

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma... Gandhi)For many of us our pets are a central part of our lives, our much loved “fur babies”, our companions, exercise partners, even therapists through the hard times.But what will happen to them after we die? Or if we lose the ability to make the decisions necessary for their welfare? Unless you make specific provision for your beloved pets to address these situations, their fate could be a grim one. When you die for example, the executor of your estate will have no option but to hand pets over to your heirs as “property”.

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43
Article
MP|W: A legacy of legal expertise
18 September 2024

At MP|W, we offer reliable legal services built on over a century of combined experience. Our firm is committed to... providing expert legal support across a range of practice areas, tailored to meet the needs of individuals, businesses, and developers.

READ MORE
50
Article
Trustee administrative duties under the spotlight
03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

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39
Article
Don’t gamble with banking details via email
03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

READ MORE
40
Article
The implications of a waiver of rights by directors
02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

READ MORE
36
Article

How divorced couples can make the holiday season easier for their children

07 October 2024

The holiday season can be both joyful and challenging for divorced families. Ensuring that children feel secure and happy during... this time requires some planning and cooperation.

READ MORE
24
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

READ MORE
19
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

READ MORE
17
Article

Piecing together the puzzle of cross-border cases

03 October 2024

In July 2024 the Supreme Court of Appeal (SCA) handed down a judgment that confirmed the requirements for when and... where South African Courts can hear cases involving foreign companies and what the requirements are for our courts to have jurisdiction in cases involving online publications by such foreign companies. 

READ MORE
19
Article

Navigating the legal blueprint for property expansions

03 October 2024

Building a second dwelling on your property offers an excellent opportunity to generate extra income, whether by creating a bed... and breakfast, guest house, holiday rental, or long-term rental property. However, it's not as simple as 'build it and they will come.' There are important legal and compliance requirements that must be considered before you venture into such a development. 

READ MORE
17
Article

The Two-Pot Pension System and divorce

03 October 2024

The new Pension Funds Amendment Act 31 of 2024 (“PFAA”) that was recently signed into law not only introduces far-reaching... consequences in respect of pension funds but also impacts the position of pension interest and divorce. In this article, we look at some of the key impact areas of the PFAA in respect of divorce. 

READ MORE
21
Article

In the land of the Will, clarity is king

18 September 2024

“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used.... And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below)When drawing up your will (“Last Will and Testament”), remember that “clarity is king”. Ambiguity is one of the cardinal sins of will-drawing because it exposes your loved ones to the risk of uncertainty, dispute, rancour, and quite possibly expensive litigation.

READ MORE
41
Article

Estate planning: Remember your pets!

18 September 2024

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma... Gandhi)For many of us our pets are a central part of our lives, our much loved “fur babies”, our companions, exercise partners, even therapists through the hard times.But what will happen to them after we die? Or if we lose the ability to make the decisions necessary for their welfare? Unless you make specific provision for your beloved pets to address these situations, their fate could be a grim one. When you die for example, the executor of your estate will have no option but to hand pets over to your heirs as “property”.

READ MORE
43
Article

MP|W: A legacy of legal expertise

18 September 2024

At MP|W, we offer reliable legal services built on over a century of combined experience. Our firm is committed to... providing expert legal support across a range of practice areas, tailored to meet the needs of individuals, businesses, and developers.

READ MORE
50
Article

Trustee administrative duties under the spotlight

03 September 2024

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

READ MORE
39
Article

Don’t gamble with banking details via email

03 September 2024

Electronic invoices and banking details received via email are commonplace. Do you confirm banking details by telephone? Do you double-check... for changed account details? Are you wary of suspicious activity? For many, ignorance is bliss, with invoice and banking details taken at face value and payment made without thought to the potential cybercriminal lurking in the shadows. If this is you, read on about the dire consequences that could follow from such ignorance. 

READ MORE
40
Article

The implications of a waiver of rights by directors

02 September 2024

The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’... in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.

READ MORE
36
Article
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Consistency is key for Homeowners Associations

02 September 2024

With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands... that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their rules and standards concerning their constituents. In this article, we look at the conduct of a Homeowners Association that failed to act consistently in the application of its rules.

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42
Article
Preserving your art legacy: Tax tips for collectors

02 September 2024

For art collectors planning to pass their cherished collection down to heirs, it’s crucial to understand the tax implications involved.... While your artwork may hold sentimental and financial value, ensuring a smooth transfer requires navigating potential tax liabilities.

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41
Article
Employee grievances: one misstep can cost you!

02 September 2024

Employers can often let an employee grievance slide, particularly when directed by juniors at a valuable or important senior employee... or supervisor. A recent Free State High Court judgment however raised a huge red flag for employers not to let these incidents slide. 

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43
Article
Building a harmonious workplace: Strategies to prevent disputes

05 August 2024

Disputes in the workplace can be a real drag on productivity and morale. They can even lead to legal trouble.... Luckily, with some key strategies, you can create a positive work environment where conflict is minimised...

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174
Article
Cannabis policies in the workplace: A delicate balancing act

05 August 2024

The continuously evolving legal landscape surrounding cannabis use both at home and in the workplace presents significant challenges to... employers.On the one hand, you have your duty to ensure safe working conditions for all employees and others in the workplace, on the other you have the very strong employee rights to individual privacy and dignity enshrined in our Constitution. Navigating your way through these unsettled waters requires a delicate balancing act, as a recent Labour Appeal Court award of over R1m to a wrongfully dismissed employee shows…

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132
Article
‘Remote’ commissioning?

24 July 2024

In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent... the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done remotely by way of virtual conferencing. Well, like any good lawyer would say, “It depends!”

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88
Article
When medical certificates raise a red flag

24 July 2024

The submission of medical certificates by employees to support their requests for sick leave is a common employment phenomenon. Employers... often grapple with how to handle medical certificates they suspect are irregularly issued by a medical practitioner, particularly when the medical practitioner is notorious for 'selling' such certificates. 

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67
Article
Must you pay the estate agent if there is no agreement?

24 July 2024

When buying or selling a property, estate agents play a crucial role in facilitating the process. But what happens when... there is no explicit agreement regarding the estate agent's commission? Is it still payable?

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53
Article
Deregistration looms for non-compliant companies

24 July 2024

The recent ruling of Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 highlights the... critical duty companies have to file annual returns with the Companies and Intellectual Property Commission (CIPC) and the significance of the procedures companies must follow to reinstate a deregistered company. 

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63
Article
Unlocking a hidden gem in the Income Tax Act

23 July 2024

Hidden gems in the form of tax deductions do exist in the Income Tax Act 58 of 1962 (“ITA”). With... escalating taxes, any hidden tax breaks are always welcomed by taxpayers. One such gem is buried in section 24O of the ITA. In this article we share the opportunities section 24O holds by focusing on its use and application to those acquiring equity shares.

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82
Article
The rising tide of business email compromise

23 July 2024

Cybercrime is on the rise and is fast becoming one of the most noteworthy threats of the modern age. Perpetrators... of cybercrime are located all over the world and can swiftly facilitate cybercrime between jurisdictions. Developing countries such as South Africa are also more vulnerable to cybercrime, especially with the rapid spread of technology and the internet across the African continent, creating a new and vulnerable target base for cyber criminals.

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105
Article
Lighting up fire danger ratings

23 July 2024

Fire danger ratings are often displayed on weather news, and in our South African winter where wildfires can often run... rampant, it is of particular importance to take note of these fire danger ratings. This article explores the necessary precautionary steps to take in response to these fire danger ratings. 

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99
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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