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Navigating Child Maintenance as a Business Owner
Introduction For business owners, navigating child maintenance goes beyond fulfilling a legal obligation; it involves balancing personal financial commitments with the unpredictability of business income and expenses. Legal Framework for Child...
Asset for Share Transactions Unpacked
Section 42 of the Income Tax Act 43 of 1961 as amended (“ITA”) is a critical provision that offers significant advantages for taxpayers involved in corporate restructuring. This section allows for what is known as an asset-for-share transaction, where a taxpayer can...
Understanding The Legal Dynamics Of The Domestic Worker Employment Relationship
Introduction According to statistical data, most of the global workforce is classified as informal workers. However, the pertinent question concerning domestic workers is what factors establish an employment relationship under the framework of labour law. In...
Rewarding Talent: A Comprehensive Guide To Employee Share Schemes
In today's competitive business landscape, attracting and retaining top talent is critical for the long-term success of any organisation. One of the most effective tools that companies can use to achieve these goals is **employee share schemes**. These schemes are...
Recourse When Receiving Poor or Inadequate Professional Advice
Professionals play a critical role in establishing and building a sustainable business. Entrepreneurs often rely on their input, which drives critical decisions. However, there may be instances where their advice or actions result in financial loss. In these cases,...
Transforming Dispute Resolution: The Growing Power and Promise of Mediation
Introduction Mediation has increasingly gained recognition as a significant alternative dispute resolution (ADR) mechanism globally, and its relevance within legal systems continues to grow. The advantages of mediation, including its cost-effectiveness and ability to...
Understanding the Impact of Whole Agreement Clauses and the Parol Evidence Rule in Contractual Disputes
Introduction In commercial agreements, it is common for contracts to include a "whole agreement" clause, intended to capture the entire understanding between the parties. Such clauses, together with the parol evidence rule, play a significant role in limiting...
Husband Taking Their Wife’s Surname – Under The Spotlight.
According to the media, two couples challenged this section in the Bloemfontein High Court. Two of the litigants were married in July 2021 at the Home Affairs offices in Bloemfontein. After their marriage was solemnised, and in the process of its registration, the...
Rei Vindicatio in South African Law
The principle rei vindicatio in South African law is a significant legal remedy that enables property owners to reclaim possession of their property from anyone who unlawfully possesses it. Rooted in Roman-Dutch law, rei vindicatio remains a fundamental aspect of...
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