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What’s mine is mine and what’s yours is also mine…

A service provider can in some instances retain your property to secure payment for the services rendered. For example your vehicle goes in for repairs at a service garage and the service garage can refuse to release your vehicle until you have paid for the repairs. By law a service provider can retain your property […]

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Does the amended National Credit Act affect your registration as credit provider?

The amendments to the National Credit Act (hereafter “the Act”) was published in June 2014 and came into effect on 13 March 2015. One of the biggest amendments are with regards to the registration of credit providers. Section 40 of the Act read: ‘‘(1) A person must apply to be registered as a credit provider […]

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Can a tacit term be read into a contract?

[1]In the case of Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd, the parties entered into a written contract on 25 February 2005 wherein the appellant was contracted to distribute imported agricultural products and then pay the respondent the amount owing as the respondent had a relationship with a Japanese manufacturer of the products. […]

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Rent increases: Tenant vs Landlord

You have renewed your lease for another year or six months, your Landlord has doubled the rent payable. Is this fair? The simple answer is that there is no simple answer to this question. The Rental Housing Act (50 of 1999) in section 5 (6)(c) states the following: “(t)he amount of rental of the dwelling […]

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Will the Proposed Revision to the B-BBEE Codes of Good Practice Lead to Increased Fronting Activity?

The proposed changes to the Broad-Based Black Economic Empowerment (“B-BBEE”) codes now intend to make “ownership” a compulsory priority element. Around 95% of companies fall into the Exempt Micro-Enterprises (“EME”) category. However, an EME that is 100% owned by black people automatically qualifies as a level 1 contributor and an EME that is more than 50% […]

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