City of Cape Town: Establishment of a regional landfill site

The rise of the construction mafia in South Africa: Impact on developments and the real estate sector

In recent years, South Africa has witnessed a troubling rise in the phenomenon known as the “ construction mafia ”. This term refers to organised groups that have infiltrated the construction industry, using intimidation, violence, and extortion to force their way into lucrative projects. The impact of these groups has been profound, leading to delays, increased costs, and a chilling effect on investment in the real estate sector.

50/50 shareholders and oppressive conduct: When some shareholders are more equal than others

A fundamental principle of South African company law is “ majority rules ” – shareholders and directors are bound by the decisions of the majority even where such decisions are not in their interest. However, recognising the potential for unfair abuse of such a principle, the Companies Act 71 of 2008 (Companies Act) devised section 163, which allows a director or shareholder of a company to apply to court for relief from oppressive conduct of the company or a person related to it that unfairly disregards or prejudices the interests of the applicant. Section 163 therefore paints the picture of a majority shareholder abusing its ability to control the company to unfairly bully or oppress minority shareholders. But what happens if the shareholders are equals – can a 50/50 shareholder be oppressed by their equal? This was the question before the High Court in Van der Watt v Schoeman and Others 91 SA 531 (ECGq).

”Piece work” is covered by the National Minimum Wage Act

The preamble to the National Minimum Wage Act 9 of 2018 (Act) recognises the need to eradicate poverty and inequality in the national labour market. In addition, a stated purpose of the Act is to protect workers from unreasonably low wages by ensuring that they at least receive the prevailing national minimum wage (NMW).

Exchange control update: Payment of royalties and fees by residents to related non-residents now tied to transfer pricing requirements

For a very long time, residents have been required to obtain prior approval from the Financial Surveillance Department of the South African Reserve Bank (SARB) when making payment of royalties or fees to related non-residents.

I have misplaced my title deed, the Deeds Office does not have a duplicate copy: What do I do now?

What happens when you are in the process of selling your property or applying for mortgage finance and cannot find your original registered title deed? You contact a firm of conveyancing attorneys for advice and guidance as to what can be done, and they advise you that an application for a replacement of the title deed in terms of Regulation 68(1) of the Deeds Registries Act 47 of 1937 (Act) will need to be submitted (see previous alert on Title Deeds are meant to be kept safe, not for inspiring young pilots ). However if the deeds registries’ copy is not available then an application for a certificate of registered title taking the place of a lost, destroyed, incomplete or unserviceable deed in terms of section 38 of the Act will need to be made.

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