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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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9
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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8
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
9
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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8
Article
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Filter: Personal
Be wise and review your will regularly

16 July 2015

I have a will which my wife and I had jointly drawn up by a friend just after we were... married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?

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301
Article
My mother’s sick. Can I manage her personal affairs?

15 July 2015

My mother has been living with Alzheimer’s for a number of years. She has always been very independent and insisted... on managing her own affairs even after my father passed away. Unfortunately of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care. But am I allowed to take over control of her affairs? 

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270
Article
Search warrants and my rights

19 October 2014

It’s Friday afternoon and you’ve just gotten home after a busy week with the prospect of a relaxing weekend ahead.... Suddenly there’s a loud knock on the door. You open the door to find a police officer on your doorstep. The police officer greets you formally and informs you that he wants to search your property as the police have received a tip-off of stolen contraband being kept in your house and that if you don’t provide consent, he will come back with a search warrant. What should you do?

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310
Article
Top 5 aspects that should be included in your employment contract

19 October 2014

You’ve just landed what should hopefully be your dream job and your new employer has provided you with your employment... contract to sign. You want to sign, make it official and celebrate but you are worried that you may be missing something important. What are the key aspects you should be looking for in your employment contract?

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279
Article
Can an employer demand biometric information from its employees?

06 April 2014

The need for greater and more stringent security measures in the business environment, has seen the introduction of sophisticated control... and security systems. These systems increasingly make use of biometric information such as fingerprinting, blood typing, voice recognition, retinal scanning etc. as unique personal identifiers allowing access to/egress from physical locations, programmes, systems or networks. For an employer to implement such control measures, biometric information must be collected from employees, raising questions as to whether employees can be forced to provide biometric information, under which circumstances and for what purposes.

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236
Article
A few things you should know before challenging the validity of a will

06 March 2014

Mrs Ambrosia passed away on 10 December 2013 at the age of 93. After her death it is discovered that... she executed a will on 10 June 2013 in terms whereof a recent acquaintance Mrs Nightshade becomes the sole beneficiary of her entire estate. The will also revokes all her preceding wills, including a will dated 1 January 2009 wherein her son, daughter and their respective children are indicated as Mrs Ambrosia’s beneficiaries. Mrs Ambrosia’s health had deteriorated systematically since 2010 and she was very ill at the time of her death. Can her children challenge the new will and if so what must they prove?

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289
Article