Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else

The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.
A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.

Bad Manager or Workplace Bully? Where the Law Draws the Line

Bad Manager or Workplace Bully? Where the Law Draws the Line

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

She Fell Out of a Safari Vehicle: When Disclaimers Fail
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She Fell Out of a Safari Vehicle: When Disclaimers Fail

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

Reckless Lending: You Could Lose Everything

Reckless Lending: You Could Lose Everything

Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.
If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs. Why did that happen and how can you, as a lender, avoid the same fate?

Buying a House: What Costs Will You Pay, and When?

Buying a House: What Costs Will You Pay, and When?

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

Director Delinquency Declarations: Managing Your Risk

Director Delinquency Declarations: Managing Your Risk

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.

Considering Using Sequestration to Recover Levies? Think Again

Considering Using Sequestration to Recover Levies? Think Again

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

Beyond Your Will: Leaving a Legacy

Beyond Your Will: Leaving a Legacy

Your will must always lie at the heart of your estate planning. But don’t concentrate solely on the financial wellbeing of your family after you are gone. The personal legacy you leave them is also important. It focuses on your family’s values, history and heritage, supporting your heirs in living their lives to the fullest while preserving and enjoying the material wealth they inherit from you. But how do you create a personal legacy that will last for generations, and how does this fit into your overall estate planning? We share some practical suggestions on how to get started…

Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?
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Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?

Phew! No major tax increases are planned, and taxpayers will benefit from zero “bracket creep” across a range of taxes. While property sellers and buyers will be disappointed that transfer duty thresholds have not increased, there’s reason to get very excited about the 50% increase in the primary residence CGT exclusion from R2m to R3m.

Read on for an illustrative calculation of CGT savings, some of the more important tax tables, and a calculator to show you how much more or less you will be paying in taxes.

Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back
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Your New Car’s a Lemon: Here’s How to Make Lemonade and Get Your Money Back

You buy a second-hand vehicle and finance it through a bank. When you realise the vehicle is a complete lemon, you cancel the sale and return the vehicle. But the bank still wants its monthly instalments.
We have good news for you. The Supreme Court of Appeal has just held that a bank in that situation was, per the terms of its own agreement, the “supplier” of the vehicle and must refund to the buyer both the deposit and the monthly instalments she had paid it. How did that come about, and what must you prove to win your case?