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Month: July 2013

COMPLIANCE CERTIFICATES REVISITED

On the sale of immovable property a number of compliance certificates are required either by law or as a matter of standard practice. The Occupational Health and Safety Act No 85 of 1993 (OHS Act) and the Regulations promulgated in

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WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?

You’re not alone if you think mediation is just a variation of litigation, just as arbitration.  Most people, even some attorneys, don’t know what the distinction is between mediation and arbitration. But in actual fact they are like chalk and

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INSURANCE: THE RISK OF NOT REPORTING

Having your insurance claim repudiated is particularly galling if you’ve been meticulously paying out hefty premiums for years.  But take care to comply strictly with all the terms and conditions of your policy contract – not doing so can cost

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OWNERS ASSOCIATION LEVIES: “NO BENEFIT, NO PAY”?

No way!  As a member of an Owners Association (“Home Owners Association” if it’s a residential property development), you have almost certainly contracted in your purchase agreement to pay all levies raised by the Association, regardless of whether or not

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MINORITY SHAREHOLDERS: YOUR PROTECTION FROM OPPRESSION

How do you as a minority shareholder protect yourself from abuse of position by directors who were voted in by the majority shareholders?  You can’t vote them out of office, nor can you control voting at shareholder meetings. Our law

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STRIKE VIOLENCE: TRADE UNION IN TROUBLE

“The time has come in our labour relations history that trade unions should be held accountable for the actions of their members. For too long trade unions have glibly washed their hands of the violent actions of their members.”  (Labour

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BONDHOLDERS: CAN YOUR DEBTOR DELAY LIQUIDATION?

Debtors faced with liquidation often ask their creditors for time to realise their assets “to best advantage” rather than by “forced sale”.  But per a recent High Court decision, creditors are not obliged to wait. A property-owning company, defending itself

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THE JULY WEBSITES: ARE YOU AN ENTREPRENEUR? AND 10 MISTAKES TO AVOID

“SMEs have been identified globally as the key drivers of creating wealth, reducing poverty and facilitating jobs. In South Africa, it is reported that SMEs contribute 40% of GDP and 60% of the workforce in formal employment.”  (SAVCA – South

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