News at weavinds
Five Minutes on Employment and the “Earnings Threshold”
Ulrich Fobian
2017-03-08
“Earnings’ threshold” is a term you have probably heard thrown around every now and again relating to the annual earnings of an employee. In drafting and entering into employment agr...
THE CPA – A SOLUTION TO BUYER’S REMORSE?
Rietter van der Merwe
2016-09-23
“I bought some pretty good stuff. Got me a $300 pair of socks. Got a fur sink. An electric dog polisher. A gasoline powered turtleneck sweater. And, of course, I bought some dumb stuff, too....
PURCHASING A DRONE? TAKE NOTE!
NIEL CLOETE
2016-08-16
No less than two decades ago, it was predicted that people would be able to fly wherever they wanted to go. The Ehang 184 (built by Chinese Entrepreneurial giant Ehang Inc), unveiled at the recent Aut...
CYBER-SQUATTING – A VERY REAL 21ST CENTURY PROBLEM WHICH MAY HAVE SEVERE CONSEQUENCES FOR YOUR BUSINESS’ INTELLECTUAL PROPERTY
GERHARD VAN BILJON
2016-07-18
The name of a company is arguably one of its most important assets as it is by this name which we differentiate one company or brand from its competitors.  It therefore comes as no surprise that ...
BEWARE OF THE BUILDER’S LIEN WHILST BUILDING YOUR DREAM HOME
JUSTUS VAN HEERDEN
2016-06-23
If you are planning to build your dream home, it is important that you understand the legal implications of a builder’s right of retention (afforded to him in terms of the common law) over the c...
Surely it is not possible to lose my home because the previous owner didn’t tell me about his debts?
Nic Viviers
2016-06-01
Picture the scenario. After years of saving you are finally able to buy your dream home. You buy the property and it is registered in your name. You are ecstatic and life could not be any better. Good...
The Dorian Gray Effect - social media and our "indestructible" online selves
Ulrich Fobian
2016-05-17
I recently presented a talk at the University of Pretoria on the potential legal consequences of social media in South Africa (our laws differ from other countries specifically in the context of liabi...
IS A LAST WILL AND TESTAMENT REALLY NECESSARY?
Rietter van der Merwe
2016-05-10
 “It is my wish that my ashes may repose on the banks of the Seine, in the midst of the French people, whom I have loved so wellMarchand shall preserve my hair, and cau...
THE PANAMA REPORT AND ASSOCIATED ETHICAL DUTIES
Thato Lepinka
2016-05-03
 “Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfilment of this role requires an understanding by lawyers of their relationship with and fun...
Preservation of Family Wealth
Eckaard le Roux
2016-03-17
Warren Buffet once said “Give each child enough money so that they can do anything, but not so much that they can afford to do nothing”

Recently we were requ...
CYBER CRIMINALS BEWARE
Conrad Dormehl
2016-03-10
The Cybercrimes and Cybersecurity Bill was published in the Government Gazette on 28 August 2015 for purposes of public comment.
 
The publication of this Bill, which we expect will...
WHAT FIRST TIME PROPERTY BUYERS NEED TO KNOW
Yolanda Viviers
2016-01-22

First time buyers are often intimidated at the prospect of purchasing their first home. As this is one of the most significant capital investments you’re likely to make, the concern is certai...

THE ABOLITION OF THE ADULTERY CLAIM AND THE EFFECT THEREOF ON FORFEITURE CLAIMS IN DIVORCE ACTIONS
Niel Cloete
2015-10-26

“Adultery…. is unhappily of most frequent occurrence, and although the reports of divorce cases are daily published in the newspapers, the authorities take not notice of the office. It...

THE PRACTICAL EFFECT OF TIME-BAR CLAUSES CONTAINED IN SHORT TERM INSURANCE AGREEMENTS
JUSTUS VAN HEERDEN
2015-10-02

We are all looking forward to the festive season which is less than three months away. Some of us will be privileged enough to trade the concrete jungles for the green hills of the Lowveld or the o...

TRANSFER PRICING - GIVING YOUR GROUP A (TAX) BREAK
JUDY DUMINY
2015-09-10

An area of taxation that has become increasingly important is so-called “transfer pricing”.  The term ‘transfer price’ is generally understood to mean ‘the amount...

I`VE BEEN SUED! WHAT NOW?
Gerhard van Biljon
2015-08-18

We have all seen those television shows in which an unassuming individual (“Mr. X”) is served with a summons and the show quickly builds up to a trial in which the attorney (normally a ...

ASKING STRANGERS FOR MONEY – THE CROWDFUNDING PHENOMENON
RIAAN BECKER
2015-08-13
Financing one’s idea or business is always a challenging task. This is attributed to the fact that identifying or creating a market opportunity is not only the first step to success, but quite o...
EMOLUMENT ATTACHMENT ORDERS – CHANGES TO COME
Riette van der Merwe
2015-08-05

In a ground-breaking judgment, the Western Cape High Court ruled that the manner in which judgment creditors obtain emolument attachment orders (EAOs) against debtors are unconstitutional and &ldqu...

THE RENTAL HOUSING AMENDMENT ACT – HOW DOES IT AFFECT YOU?
Thuso Mathulwe
2015-07-23

Do you lease a residential dwelling to tenants? Well then you should probably take special cognisance of the Rental Housing Amendment Act 35 of 2014 (“the Act”) which is expected to com...

TAX EVASION, TAX AVOIDANCE – WHAT’S THE DIFFERENCE?
FRANCOIS NAUDE
2015-07-10

The importance of the distinction between these concepts is demonstrated by the sentiments of Denis Healey who once said: “The difference between tax avoidance and tax evasion is the thicknes...

IMPOSITION OF MUNICIPAL SMART METERING ACCOUNTS – WHAT CAN YOU DO ABOUT IT?
DAVID MANLEY
2015-06-24

In this newsletter, we provide an overview of a recent matter attended to by our firm (with the consent of our client) as an illustrative example as to the manner in which one may go about seeking ...

THE NATIONAL CREDIT AMENDMENT ACT – CREDIT PROVIDERS BE WARNED!
Riette van der Merwe
2015-06-12

The National Credit Regulator’s (NCR) annual report does not make for pleasant reading. In fact, it paints a picture of a credit industry under severe stress.  44.2% of credit active ind...

PROTECTING YOUR NAME AND GOOD STANDING ON THE WEB AND SOCIAL MEDIA
Ulrich Fobian
2015-04-24
I don't want to be at the mercy of my emotions. I want to use them, to enjoy them, and to dominate them.” 
Oscar Wilde, The Picture of Dorian Gray...
REMOVAL OF DIRECTORS BY A COMPANY’S SHAREHOLDERS – THE EXTRAORDINARY REMEDY AFFORDED TO SHAREHOLDERS
CONRAD DORMEHL
2015-02-18


There are a number of circumstances in terms of which a director may become ineligible or disqualified to hold the office of director in a company. These circumstances are set out in the Co...

HAVE YOU BEEN DEREGISTERED LATELY? (PART 2)
CONRAD DORMEHL
2014-11-03

In our previous edition of the newsletter, we dealt with the consequences of deregistration of entities by the Companies and Intellectual Property Commission (“CIPC”) as well as the eff...

HAVE YOU BEEN DEREGISTERED LATELY?
CONRAD DORMEHL
2014-10-17
This newsletter is the first in a series of two pertaining to deregistration, which has become a hot topic of late, and caused severe headaches for business owners, company secretaries, legal practiti...
SOCIAL MEDIA POLICY... WHAT?
ULRICH FOBIAN
2014-10-07
First there was the Internet (“the Web”), then there was the Web 2.0 (blogging, social media, applications, smart phones, etc.) and now there is even a book titled “Don’t Film ...
BUSINESS RESCUE AND ITS EFFECT ON SURETYSHIPS
Riette van der Merwe
2014-09-17
In an attempt to limit financial exposure creditors often require a deed of suretyship as an ancillary document to a credit agreement as additional security for the due performance of the creditor&rsq...
THE “INS” AND “OUTS” OF SOUTH AFRICAN MARRIAGES
ULRICH FOBIAN
2014-08-13
Many South Africans, unmarried and married alike, are hopelessly unaware of the various forms of matrimonial property regimes which they may enter (or have entered) into. This newsletter will provide ...
DISSENTING SHAREHOLDERS’ RIGHTS (2)
CONRAD DORMEHL
2014-07-25
DISSENTING SHAREHOLDERS’ RIGHTS (2)
 
This newsletter is the second and final document in the series pertaining to the topic above.
 
We st...
DISSENTING SHAREHOLDERS’ RIGHTS (1)
CONRAD DORMEHL
2014-07-09
INTRODUCTION
 
This newsletter will be the first in our series pertaining to the rights afforded to shareholders by the Companies Act No. 71 of 2008 (“the Com...
THE RIGHT TO BE FORGOTTEN IN THE SOUTH AFRICAN CONTEXT
Conrad Dormehl
2014-06-11
Weavind and Weavind Attorneys strives to keep you apprised as to developments which affect you and your business and on occasion we like to share developments in the legal sphere solely on account of ...
LE DROIT D’OUBLI : THE RIGHT TO BE FORGOTTEN
Ulrich Fobian
2014-06-06
 
How many years can some people exist before they're allowed to be free?
Blowing in the Wind, Bob Dylan



Do persons have a righ...
ARE RESTRAINTS OF TRADE A WASTE OF TIME OR SOMETHING WORTH LOOKING INTO?
Conrad Dormehl
2013-08-02
A restraint of trade is a contractual restriction on the freedom of a particular person or entity to conduct business or to be gainfully employed. Restraints are commonly contained as a clause in cont...
CREDIT AMNESTY – THE TRUTH AND FALLACIES PERTAINING TO THE REMEDIES AVAILABLE TO ALL
Niel Cloete
2014-05-29
Times are tough! With financial institutions employing stringent screening methods in deciding whether or not to grant you a loan for that dream home or start-up capital to get that fledging business ...
GOOD NEWS FOR HOME OWNERS ASSOCIATIONS – NO MORE VAT! OR NOT?
Conrad Dormehl
2014-05-16
Up until very recently, home owners associations’ (“HOA’s) whose income (derived from annual levies) exceeded the threshold amount (presently R1 000 000) specified in the Value Added...
DOMICILIUM – HERE, THERE AND EVERYWHERE
CARL VON BRATT
2014-04-25
Commercial and other agreements contain a number of frequently used terms and phrases which may have severe adverse consequences for contracting parties if they do not have a proper grasp of the meani...
BUSINESS RESCUE - THE BASICS
Ulrich Fobian
2014-04-16
Businesses encounter financial problems. This is a fact of life; when one has regard to these tough economic times it becomes an even more present reality. In light of the aforegoing, it is highly ben...
YOUTH WAGE SUBSIDY – WHAT’S THE BIG DEAL?
Conrad Dormehl
2014-04-11
The Employment Tax Incentive Act 26 of 2013 (“the Act”) or as it is more commonly referred to, the Youth Wage Subsidy, came into operation on 1 January 2014. The Act has received both prai...
MAY YOU READ YOUR EMPLOYEES’ E-MAILS?
Conrad Dormehl
2014-03-12
The question as to whether the interception of e-mails transmitted by your employees from their office workstation is legally permissible is probably best explained by way of an illustrative example.<...
THE LAW AND GENEROSITY TO FAMILY MEMBERS AND FRIENDS
Sean van der Merwe
2014-02-21
This article, by Sean van der Merwe deals with the legal relationships that may have been unwittingly created by a client’s generosity.
 
No doubt clients have at some or othe...
POPI – SO IT APPLIES TO YOU, WHAT NOW? (PART 4)
Conrad Dormehl
2014-02-14
This document is our final newsletter in our series on POPI and our discussion on principles 7 and 8 encapsulated below will bring about an end to our analysis on the 8 principles created therein.
POPI – SO IT APPLIES TO YOU, WHAT NOW? (PART 3)
Conrad Dormehl
2014-01-30


In this, our penultimate edition in our series of newsletters regarding POPI, we continue with our discussion on the 8 principles relating to the processing of personal information encapsul...

POPI – SO IT APPLIES TO YOU, WHAT NOW? (PART 2)
Conrad Dormehl
2014-01-15
With the memories of the December festive season still fresh in our minds and stories of lazy days on the beach, golf during the week and Christmas dinner over-indulgence in our midst, it is unfortuna...
POPI – SO IT APPLIES TO YOU, WHAT NOW?
Conrad Dormehl
2013-12-09
Introduction
 
In our previous edition, we dealt with the vitally important question: “To whom does the Protection of Personal Information Bill (&ldquo...
MORE THAN JUST A FLOWER’S NAME SPELT INCORRECTLY
Conrad Dormehl
2013-10-24
The acceptance of the Protection of Personal Information Bill (commonly referred to as POPI) into legislation seems to be just around the corner. This is attributed to the fact that said Bill has been...
SERVICE OF NOTICES VIA FACEBOOK?
Conrad Dormehl
2013-10-10
Pokes, tweets and telling your life story through easily edited snapshots have become an integral part of our daily lives. This is because social media has largely revolutionised the world and the way...
HOW DOES TREASURY INTEND TO DEAL WITH THE CONDUIT PRINCIPLE
Conrad Dormehl
2013-09-26
This newsletter is our final in the series pertaining to the taxation of trusts especially with regards to the various impending legislative changes. In our previous edition, dated 13 September 2013, ...
TRUSTS – DOING AWAY WITH THE CONDUIT PRINCIPLE
CR Dormehl
2013-09-13
We have already briefly touched on the fact that one of the most important proposed changes to the taxation of trusts (arising from Minister Pravin Gordhan’s budget speech) is government’s...
TRUSTS – HOUSEKEEPING MATTERS
CR Dormehl
2013-08-29
In our previous newsletter, we pointed out that change is afoot in the South African trust sphere. Tax authorities are attempting to clamp down on so-called “sham trusts” which are merely ...
TAXATION OF TRUSTS – 2013 BUDGET SPEECH
CR Dormehl
2013-08-15
We assume that you sat anxiously glued to your television sets as Minister Pravin Gordhan delivered his 2013 budget speech and diligently read all the related articles that followed thereafter in the ...