18th October 2018
Workplace Computer Policy

What is the importance of a Computer Systems Policy for Employees?

People are obsessed with computers, phones and social media. When an employee goes rogue, invariably there is a wealth of important information sitting on their computers. The burning question is, can an employer intercept and monitor data sitting on a company computer or phone? With the worldwide increase in privacy […]
1st January 2018
Shareholder Trust

Shareholder Trust

Is a Shareholder Agreement about Shareholder Trust? More often than not business relationships are founded on absolute trust between the owners of the business. So much so that it seems unthinkable that a formal Shareholders Agreement is necessary. There is absolute Shareholder trust and the owners are all 100% committed […]
1st November 2017
SCA

Nominee Shareholder Rights in Focus

On 26 October 2017 the Supreme Court of Appeal handed down an important judgment, relating to Nominee Shareholder Rights The case is part of the longstanding JCI litigation. The Court addressed the question of whether a shareholder that elected to hold shares through a nominee was entitled to approach the […]
4th August 2017
Domestic-Employee-Contract

Is it Important to have a Contract for your Domestic Employee?

Not only is it required by Law, but  it is also important for various other reasons. Seriously, here are a couple of reasons why it is important: Firstly, every person that is an employment situation should know where they stand – right? If you are an employee you would be […]
20th July 2017
Online Legal Contracts

Advanced Electronic Signatures and Litigation

Johannesburg Magistrates Court has amended the Practice Guidelines to specifically cater for Advanced Electronic Signatures The ECT Act was passed in 2002. Litigator has offered advanced electronic signatures as a method for signing pleadings for 3 years. Today, the Johannesburg Magistrates Court took a big step forward in accepting these […]
11th July 2017
Without-Prejudice-Offers-can-Interrupt-Prescription

Without Prejudice Offers can Interrupt Prescription

Without Prejudice doesn’t always mean Off the Record On 6 July 2017 the Supreme Court of Appeal ruled that a without prejudice offer can interrupt prescription. KLD Residential v Empire Earth Investments (1135/2016) [2017] ZASCA 98 (6 July 2017) The Supreme Court of Appeal ruled that where an acknowledgment of […]
27th May 2017
An example of the application of the Modified Flow Through Principle

B-BBEE & the Modified Flow Through Principle

Use the Modified Flow Through Principle to Improve your Ownership Score The Modified Flow Through Principle is an integral part of the Broad-Based Black Economic Empowerment codes. The code permits a company to enhance (double) its ownership percentage, by incorporating a new company and holding the BEE shares in that […]
26th April 2017

10 Essential Business Contracts

Shareholders Agreement While it seems self evident that a shareholders agreement is critical to any business that has more than one shareholder, many businessmen just don’t get around to doing it. Shareholder disputes have the ability to destroy years of hard work. It is also important to note that the […]