Category Archives: Articles

Watch your tenants!

You have an investment property that you decide to rent out. After all, what better way to acquire an asset than to have someone else pay for it? But landlords, take heed: It takes just one tenant getting involved in illegal activities to result in your investment property being forfeited to the State!

Consider this court case: a landlord leased his farm to tenants, then went about his life oblivious to the fact that his tenants were using the property in order to manufacture illegal drugs. In terms of the Prevention of Organised Crime Act, the farm was declared forfeited to the State, given that it was being put to illegal use. And this despite the fact that the owner was not in any way party to or aware of the illegal operations that were being conducted on his property.

Where to get Legal Agreements online?

Every one of us needs to use legal contracts, agreements and documents at some point in life. The process of getting them drafted accurately is not only time consuming: it also requires an experienced person to do it. Getting legal agreements online is a convenient way of purchasing your legal contracts. Agreements Online is one reliable site that you can visit for professional agreements, contracts, documents and forms.

Types of Employment Policies & Procedures

Employment Policies and Procedures are necessary for the business owner to establish company rules and procedures and to ensure that their employees fully understand their rights, obligations and the necessary steps to take in various employment-related situations. After reading and signing an Employment Contract that references the employer’s policies & procedures, the employee becomes bound to abide by the Employment Policies and rules of the employer. A company’s Employment Policies must comply with South African labour law, and must not violate the employees’ rights. However, they are enforceable if drafted and implemented correctly, and form a useful tool in protecting the interests of the company.

Selling your Car

The Sale of Vehicle Contract

One of the things you should have when you sell your car is a Sale of Vehicle Contract. This is one of the most important legal agreements to have when selling your car or any other vehicle (whether you’re selling your boat, bike or bakkie). Before you sell your vehicle, you need to make sure you have all of your paperwork in order. If you have had your car for a while, this should be fairly simple. You need your title, current registration, and insurance information. You just need to make sure that all the information on these documents is correct. Some people move and forget to update their address, or have a name change by marriage, and while these things may not seem important at the time, they can be when it comes to transferring information to a new owner.

Shareholders’ Agreements

A Shareholders’ Agreement is an important document to confirm the rights of the shareholders apropos each other and other stakeholders in the business, as well as to specify how the shareholders intend for the company to operate. A shareholders agreement fills in the gaps on issues where the law remains silent. The agreement is a blend of company law and contract law, with the understanding that statutory requirements must be observed at all times.

Contracts of employment are a legal requirement

Are your contracts, agreements, forms and documents all in order? In the course of our dealings with businesses, we have often come across instances where an employer has appointed staff without a proper letter of appointment or Employment Contract. Or they can’t find the employee’s written terms of employment when they are asked to produce them. The Basic Conditions of Employment Act states that an employer must provide all employees with the terms and conditions of their employment in writing. This document can be in the form of a letter of appointment, or it can be a more formal Contract of Employment. What is important is the content of this letter or employment contract, agreement or document. The contents also need to be explained to the newly-appointed employee to ensure that he or she understands what is expected.

Effect of the Recent Amendments to the Labour Relations Act

After the recent amendments to the Labour Relations Act, certain temporary and fixed term employees, including labour broker employees, may now be deemed to be permanent employees. The Labour Relations Amendment Act has increased the protection afforded to labour broker employees and temporary employees employed under fixed term and part-time contracts. The effect of these amendments is that:

Importance of written contracts in litigation

Settling a lawsuit can sometimes take years. The process to finally present your case before a magistrate or judge is a long, involved and expensive procedure involving reams of paperwork to-ing and fro-ing between the lawyers. Determining who owes whom what becomes a lot easier if you have good record keeping. If you are involved in litigation (or court action) against another person, it is critical that you keep records of all documents and communications (including emails and SMS’s), complaints, legal notices, written contracts, valuations, and so forth. Keeping all documentation and making a record of all communications can be invaluable to your attorney when refuting your opponent’s claims.

Smoking policy

Medical tests have proven that by being a second-hand smoker (or passive smoker) you run the risk of getting lung cancer or heart related diseases, just as much as the active smoker, simply by inhaling the cigarette smoke. Tests have also indicated that tobacco smoke causes migraine and asthma attacks amongst both the active and passive smoker. Consequently, the National Department of Health has placed a duty on all employers to provide (as far as practically possible) a safe and healthy environment to all their employees.