News & Views

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

Latest Articles

‘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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2
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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2
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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2
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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3
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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3
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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5
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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3
Article
Benefits of working with MP|W: A commitment to excellence
16 July 2024

Are you wondering how partnering with MP|W can benefit you? Our legal services are characterised by strong leadership, personalised attention,... and a commitment to quality. Discover the difference of working with MP|W:

READ MORE
12
Article
Mediation – a go-to option for divorcing couples
27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

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36
Article
Outstanding charges, body corporates and sales in execution
27 June 2024

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

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33
Article
Businesses, body corporates, and the right to electricity
27 June 2024

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

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31
Article
Stoners may be exempted from zero-tolerance policy
27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

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31
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!”

READ MORE
2
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. 

READ MORE
2
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?

READ MORE
2
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. 

READ MORE
3
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.

READ MORE
3
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.

READ MORE
5
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. 

READ MORE
3
Article

Benefits of working with MP|W: A commitment to excellence

16 July 2024

Are you wondering how partnering with MP|W can benefit you? Our legal services are characterised by strong leadership, personalised attention,... and a commitment to quality. Discover the difference of working with MP|W:

READ MORE
12
Article

Mediation – a go-to option for divorcing couples

27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

READ MORE
36
Article

Outstanding charges, body corporates and sales in execution

27 June 2024

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

READ MORE
33
Article

Businesses, body corporates, and the right to electricity

27 June 2024

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

READ MORE
31
Article

Stoners may be exempted from zero-tolerance policy

27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

READ MORE
31
Article
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Trustee responsibilities have become even heavier

26 June 2024

The Trust Property Control Act 57 of 1988 (“TPCA”) provides the framework for the effective and efficient operation of a... trust. The Act confers a range of statutory duties on trustees when appointed, which duties have recently been extended by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which amended the TPCA. In this article, we unpack the duties that form part of the responsibilities which are assumed when a trustee is appointed.

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34
Article
Where does director liability end?

26 June 2024

The actions of a company director are often seen as the actions of the company, leading to the perception that... where a company has potentially caused harm or damage at the direction of its directors, the directors are automatically liable for such loss or damage. Our Supreme Court of Appeal recently had occasion to consider this position and when directors can be held liable.

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73
Article
Electric vehicle tax incentives hold business opportunities

26 June 2024

A notable aspect of the recent Budget speech by Minister of Finance Enoch Godongwana was the introduction of a local... electric vehicle production incentive, heralding the long-awaited strategic support for this in the motor industry and aligning South Africa with the growing international focus on electric vehicles and the phasing out of internal combustion engines. 

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32
Article
Why an oral estate agency mandate isn’t worth the paper it’s written on

21 June 2024

As Samuel Goldwyn humorously put it: “A verbal contract isn’t worth the paper it’s written on.”   To illustrate, we... analyse a recent High Court fight over an agent’s claim to have been given a verbal mandate to find a development property for a buyer. The agent was found to have fulfilled her mandate, and the Court awarded her commission even though the sale agreement had been cancelled before transfer. The developer is left with a R450k (plus costs) bill, and no property to show for it. How and why did the agent win her case?

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96
Article
Guiding you through deceased estates: MP|W Attorneys

21 June 2024

Navigating the settlement of a deceased family member's estate is a sensitive and often challenging task. At MP|W Attorneys, we... understand the emotional strain involved in this process. With a blend of empathy and expertise, we tailor our services to meet your unique needs, providing compassionate support every step of the way.

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130
Article
Body corporates and access to information. What are the rules of engagement?

29 May 2024

Unit owners in a sectional title may from time to time feel that the body corporate is not managing the... scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

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75
Article
The taxes applicable to a deceased estate

29 May 2024

When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes... applicable. If the deceased had foreign assets, international taxes may also apply. The executor of the deceased estate is responsible for handling all tax matters related to the deceased estate, which can become quite complex, depending on the nature of the estate. In this article, we look at some of the most important taxes applicable to a deceased estate.

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70
Article
Be careful not to let your medical negligence claim prescribe

29 May 2024

Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in... fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say. 

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36
Article
Why social media disputes can be a Pandora’s box

29 May 2024

Social media sites and the use of these sites for personal and business use are accepted in today’s digital world.... For many businesses their social media presence is a vital part of their ability to connect, engage and sell to their clients. But what happens, when owners change or the persons running these sites on behalf of a business refuse to provide access to the sites? How easy is it to address these disputes?

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41
Article
When must I pay my increased sectional title levy?

29 May 2024

Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases... levies? When does the unit owner become responsible for paying such increased levies?

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133
Article
To extend or offend: Can you extend your sectional title unit?

29 May 2024

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are... typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

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198
Article
Understanding Property Law: Guidance from MP|W Attorneys

20 May 2024

With over a century's worth of combined experience, MP|W Attorneys have become the benchmark in property law in Cape Town.... Our firm is distinguished not just for handling routine property transactions but also for our exceptional knowledge in bonds, transfers, and construction law. We are the law firm that other lawyers trust for their personal property dealings, a testament to our proficiency and reliability.

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73
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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