Bosse & Associates

29
Jul

Unlawful Occupiers: Eviction Is Possible, but Neither Quick nor Easy

“It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order that it is obliged to grant that order” (Extract from judgment below) “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property

Read more

29
Jul

Your Website of the Month: Left Money in a South African Will But Living Overseas?

What happens if you want to access a South African bequest overseas? BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are – Non-resident,  Financially emigrated, or A South African resident temporarily abroad. Read also the section on taxation.  Bear in mind that of necessity an article like this can only give you an

Read more

26
Jun

Property Transfers and Trust Account Theft: A R720,000 Warning

“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual terms under which the conveyancer

Read more

26
Jun

Your Last Will: The Dire Consequences of Neglecting Formalities

Article courtesy of Law Dot News The Most Important Legal Document You Will Ever Sign, Your Last Will & Testament! “It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below) As a general rule our law holds us to our agreements and statements,
Read more
26
Jun

Employers: What is Your Duty to Accommodate Religious Beliefs?

“The employer has a duty to reasonably accommodate an employee’s religious freedom unless it is impossible to do so without causing itself undue hardship. It is not enough that it may have a legitimate commercial rationale. The duty of reasonable accommodation imposed on the employer is one of modification or adjustment to a job or the working environment that will

Read more

26
Jun

Airbnb Owners and Buyers – Should You Be Worried About the New Regulations?

Article courtesy of Law Dot News Property Law:  Airbnb Owners and Buyers – Should You Be Worried About the New Regulations? “While travel on our platform accounts for less than 1 in 8 visitors to South Africa, those guests boosted the economy by R8.7 billion and helped create 22,000 jobs last year alone” and “Regulation is a useful and necessary tool
Read more
26
Jun

Your Website of the Month: Business Email Dos and Don’ts

“The email of the species is deadlier than the mail” (Stephen Fry) Do your business emails enhance your brand or tarnish it? It’s a critical question, particularly for businesses with high email volumes (that’s most of us these days) and it’s entirely up to you what the answer is.   On the one hand it’s all too easy to jeopardise an

Read more

29
May

You Signed a Property Sale Agreement, Can You Still Accept a Better Offer?

You put your property on the market and an acceptable but not-perfect offer comes in. On the “a bird in the hand is worth two in the bush” principle you want to accept the offer even though it’s not ideal. Perhaps it’s not perfect because it’s subject to a suspensive condition – common ones give the buyer time to sell

Read more

29
May

Directors at War and the Liquidation Option – A Tale of Sibling Rivalry

Article courtesy of Law Dot News Business Law - Directors Dispute, the Liquidation Option? “Family quarrels are bitter things. They don’t go according to any rules” (F. Scott Fitzgerald) A company’s directors have both the power and the duty to manage the company’s affairs for its benefit. When two or more directors are in place, it’s perhaps natural for the
Read more
29
May

Equal Pay for Equal Work – Can You Differentiate Without Unfairly Discriminating?

Article courtesy of Law Dot News Labour Law - Equal Pay for Equal Work “Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV
Read more