By Johann Jacobs

Families are sometimes confronted with the emotionally taxing and difficult problem of assisting a family member, who lacks capacity, with their affairs. The cause of such malady may be physical, mental or both. With increased longevity so, too, rises the prevalence of dementia. Typically, the care of the elderly persons falls on their adult child. To provide such care, the “child” often needs to access their parent’s funds to settle ongoing expenses or sell an asset to re-home their parent. Many hold out a Power of Attorney as proof of their entitlement to manage the person’s finances and estate. Unfortunately, this reliance is misguided and unlawful.

By BK Taoana

The Financial Intelligence Centre Act, No 38 of 2001 (FICA) was recently amended by Act, No 1 of 2017 (Amendments), the bulk of the operative provisions of which came into effect on 2 October 2017. Precipitating the Amendments was a sea change in the global thinking around anti-money laundering (AML) and the financing of terrorism. A proper understanding of FICA as it currently reads must be rooted in an appreciation of its international provenance, and of the nature and extent of its radical deviation from FICA as it read prior to the Amendments.

The deeming provision in s198A(3)(b)(i) of the Labour Relations Act (LRA) provides that an employee of a Temporary Employment Service (TES) not performing a temporary service for the client is "deemed to be the employee of that client and the client is deemed to be the employer; …"

The judgment in Beadica 231 CC and others v Trustees, Oregon Unit Trust and Others 2018 (1) SA 549 (WCC) goes to the heart of the debate as to what, post the Republic of South Africa Constitution Act of 1996, constitutes the law of contract in South Africa.

Written by Jessica Carr

The South African Revenue Service (SARS) announced on 6 April 2018 that normal tax rules would apply to cryptocurrency in South Africa. As noted in our Tax and Exchange Control Alert of 20 April 2018 in this respect, despite the continued popularity of cryptocurrency trade, South African legislation has, until the 2018 draft TLAB, been silent on the taxation and regulation of cryptocurrency.

Article courtesy of Michael Bauer

Problems with geysers are very common in the day to day running of sectional title schemes. But who is responsible to pay for the repairs and maintenance of geysers?

By Annelene Dippenaar

In June 2012, the Constitutional Court clarified the requirements surrounding the delivery of the notice that a credit provider must give to a consumer or debtor, in the event of default, (the section 129) letter as required by the National Credit Act (“the NCA”).

By Cilna Steyn

The Consumer Protection Act 68 of 2008 (CPA) has had a substantial impact on the rental property market since its commencement on 31 March 2011. More specifically s 14, which applies to all fixed term agreements, unless entered into between juristic persons, regardless of their asset value or annual turnover. In the majority of cases, lease agreements would be entered into for a fixed term. Considering the above, it is apparent that s 14 would be applicable to many, if not the majority of lease agreements relating to immovable property, especially lease agreements concerning residential property.