Author: Hammond Pole

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Legal Insights Every Employer Needs: Navigating Labour Law in South Africa

Running a business in South Africa involves navigating a range of responsibilities, with labour law among the most critical. Employers have a duty to operate within the framework of regulations that protect both their interests and the rights of employees.  Here’s what every employer should know to stay compliant and avoid legal pitfalls.   Key Legislation to Know South African labour law is governed by several key statutes, most notably: The Labour Relations Act (LRA): Focuses on fair labour practices, dispute resolution, and collective bargaining processes. Basic Conditions of Employment Act (BCEA): Regulates working hours, leave, and other minimum employment standards. Employment Equity Act (EEA): Promotes workplace...

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The 2025 VAT Shake-Up: Education, E-Services, and Real-Time Reporting

Since the 2025 Taxation Laws Amendment Bill took effect on 1 April, South Africa’s VAT framework has undergone major changes. These reforms, combined with the South African Revenue Service’s (SARS) push towards modernisation, are reshaping compliance obligations across sectors. Schools, digital service providers, and businesses alike are already feeling the impact.   Broadening VAT Exemptions for Schools One of the most significant reforms is the extension of VAT exemptions to all goods and services supplied by primary and secondary schools. This move removes schools from the VAT system entirely, aligning with government’s policy to reduce the administrative and financial burden on educational institutions.   How...

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The Difference Between a Will and a Living Will (Advance Directive)

Estate planning is often viewed only through the lens of drafting a will. While a will is unquestionably a cornerstone of ensuring one’s wishes are respected after death, it is only part of the picture. Increasingly, South Africans are also turning to living wills—or advance directives—as an important legal tool. Understanding the distinction between these documents is vital, not only for ensuring one’s estate is properly administered, but also for safeguarding dignity and personal choice during life.   A Will: Planning for After Death A will is a legal instrument that sets out how a person’s estate—comprising property, investments, personal belongings, and even...

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The Role of Attorneys in Estate Administration: Why Professional Help Matters

September is Wills Month, a reminder of the critical importance of preparing for the inevitable. We are not only serious about service, but we are also equally serious about making the affairs of our clients hassle-free and easy to manage.  Although a will seems like a basic document, simply setting out how you want your estate to devolve upon your death, it is crucial that you execute your will in accordance with the very technical requirements of the appropriate legislation to ensure its validity and that your affairs are administered as you intended.  The administration of a deceased estate is a...

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Contested vs Uncontested Divorce
The Legal Implications And Procedures Of Each

Divorce is never easy - emotionally, financially, or legally. When a couple cannot agree on important matters such as child custody, maintenance, or the division of assets, the process becomes even more complex. Divorce can feel overwhelming, but understanding what lies ahead can help you prepare for the journey. Understanding the legal steps involved in divorce proceedings in South Africa, how long it may take, and why having the right legal guidance is essential during this challenging time.   Contested vs Uncontested divorce In South Africa, the key difference between a contested and an uncontested divorce lies in whether the parties can reach...

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Tick The Compliance Box
Certificates Of Compliance In Property Transfers

Compliance certificates are a vital part of any property transaction, forming an integral part of the legal due diligence process. These certificates confirm that key installations on the property meet the required safety and regulatory standards. For both buyers and sellers, it is important to understand which certificates are required, who is responsible for obtaining them, and when they must be provided. Non-compliance can lead to delays in the transfer process, unexpected expenses, and potential legal consequences.   The types of compliance certificates Electrical COC An Electrical Certificate of Compliance is a legal document that confirms the electrical installation in a property complies with...

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Guarding Your Assets
Legal Strategies to Safeguard Your Assets from Debt Collectors

Managing arrears and overdue accounts is a necessary function in maintaining the integrity of the credit system. For financial institutions, it is crucial to ensure that outstanding debts are recovered in a fair, lawful, and effective manner - without compromising consumer rights or legal obligations. As a leading law firm in debt recovery, Hammond Pole Attorneys helps bridge this balance between creditor compliance and consumer engagement.   Facing debt collection Many individuals find themselves facing debt collection due to a range of factors, some within their control, others not.  Unexpected life events such as job loss, illness, or family emergencies can quickly lead to...

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A Smooth Move
Your Legal Guide To Property Transfers

Whether you are the buyer or the seller, navigating the property transfer process can be daunting, particularly given the numerous legal and administrative steps involved. Understanding each step in the process is essential to avoid unnecessary delays, reduce stress, and ensure your rights and interests are protected throughout the transaction. In South Africa, property transfers are governed by the Deeds Registries Act 47 of 1937, which establishes the legal framework for registering ownership and protecting property rights. Having an experienced conveyancing team by your side is important for managing the process efficiently, safeguarding your investment and ensuring that every legal requirement...

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Conciliation vs. Arbitration
Understanding these processes at the CCMA

Workplace disputes are a common challenge for both employees and employers, and achieving a fair resolution is a fundamental goal of South African labour law. For employees, knowing how to navigate the processes of the Commission for Conciliation, Mediation, and Arbitration (CCMA) is essential for ensuring that your rights are protected. When a conflict arises, two key processes come into play - conciliation and arbitration. Although both processes aim to settle disputes, they differ in their structure, level of formality, and the outcomes they produce. Understanding these differences, as outlined in the Labour Relations Act, can empower you to approach...

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Understanding Collective Bargaining In The Workplace

The Labour Relations Act (LRA) of South Africa is designed to promote fair and equitable labour practices, protect employees from unfair treatment, and facilitate the resolution of workplace disputes. One of the mechanisms introduced by the Act to support these goals is collective bargaining - a process that empowers employees to negotiate better working conditions through a structured and legally recognised framework.   What is collective bargaining Collective bargaining is a structured process of negotiation between employers (or their representatives) and trade unions, aimed at establishing fair employment terms. The outcome of these negotiations is a collective agreement - a legally binding contract...

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