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South African Law Tag

Hammond Pole Attorneys > Posts tagged "South African Law"

How laws change in South Africa and how women throughout our history have made an impact on legislation

Blog article by: Jacolene Jansen van Vuuren   A woman’s place is in changing the world. It is only over the last three or four decades that women's role in the history of South Africa has actually been given some recognition. As we celebrate Women’s Month we commemorate the history of women’s struggle in South Africa and the role of women in the progress towards the new South African democracy. In the not-so-distant past, it was the men who had the lion’s share of authority in society; women were seen as subordinate. A woman’s role was primarily a domestic one; it included raising...

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How the new Property Practitioners Act (PPA) affects you

Property Practitioners Act

The Property Practitioners Act (PPA) officially came into effect on 1 February 2022. It’s an important piece of legislation designed to protect consumers in the property industry. Here’s everything you need to know about the PPA:   In a nutshell, what is the Property Practitioners Act (PPA) all about?  The legislation is a continuation of the former Estate Agencies Affairs Act and the Estate Agent Fidelity Fund. It touches on transformation in the property sector and the regulation of estate agents, also known as property practitioners.    Who counts as a property practitioner?   The new law goes beyond traditional estate agents and includes managing agents, property developers,...

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Donating Property – Know The Law

donating property blog

When deciding about donating property to a family member, it is important to take into account the financial implications as well as understanding the transaction at hand. What classifies as a property donation? Let’s first understand the definition of a donation. This is any gratuitous disposal of property including any gratuitous waiver or renunciation of a right. There needs to be an offer to donate, by the person giving the donation (the donor). The offer will then need to be accepted by the person receiving the donation (the donee). The agreement for a donation must be in writing (when it relates to...

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Supreme Court of Appeal (SCA) Judgement

supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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Is vaccination in the workplace compulsory?

vaccination-in-the-workplace

Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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Working from Home: What’s the law?

working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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Cyber-attacks and Business Email Compromise

business email compromise

Cyber-attacks and Business Email Compromise (“BEC”) in commerce have become a major concern for attorney firms and their clients alike. Neil Mc Kinon, Attorney and Conveyancer at Hammond Pole explains the reality of email interceptions and email compromise.   According to a global survey conducted by Mimecast Cyber Security Services in 2020, 6 out of 10 companies globally suffered a Ransomware attack and, given the rise in digital activity over the last year, email threats increased by 64%. Also, according to a report by Accenture in May 2020, South Africa has the third most cybercrime victims, losing R2.2 Billion a year.   Who is...

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POPI Act: Under the magnifying glass

South African POPIA

Michelle Orsmond, Attorney, Notary Public & Conveyancer at Hammond Pole Attorneys shares valuable insight on the what the POPIA Act is all about, the importance of compliance and the fact that consent is not always necessary. What is POPI and when did it start? The Protection of Personal Information Act 4 of 2013 (POPIA) forms part of South Africa's Privacy Data law and its purpose is to protect Personal Information together with the requirements for the processing of Personal Information. The POPI Act gives effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to...

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New Law created at the Supreme Court of Appeal in one of Hammond Pole’s Divorces.

Hammond Pole Attorneys are ecstatic to announce that the law pertaining to divorce and accrual has forever been changed! Our very own Senior Associate at Hammond Pole Attorneys, Tania Abbotts, attended to a matter in 2016, whereby the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. This meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets when it came to assessing whether there was an accrual claim. South...

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