Tag ArchivesAndre Nortje

Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towards the employer, breaches that duty by remaining silent about knowledge possessed […]

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construction contract

Consumer protection in respect of construction contracts

The Consumer Protection Act No. 68 of 2008 (the “CPA”) has been in effect since 2011, however, long before this Act, there have been other legislation around to protect consumers in the building and property law industry. One of these pieces of legislation in construction law in South Africa  is known as the Housing Consumers […]

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construction contracts

Guarantees in construction contracts

In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In construction contracts, it is far more common to secure the performance of the obligations of the […]

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VAT

When must a Non-Executive Director be VAT registered

On 4 May 2017, SARS made a Binding General Ruling (BGR) that deals with the VAT treatment of the activities conducted by Non-Executive Directors (NEDs) and further clarifies whether those activities fall within the ambit of proviso (iii)(aa) or proviso (iii)(bb) to the definition of “enterprise” in section 1(1) of the Value-Added Tax Act 89 […]

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Further clarity on the role of the Community Schemes Ombud Service

The Community Schemes Ombud Service (“CSOS”) has been in operation since October 2016, and has since then been accepting disputes regarding sectional title schemes. The public however has not had the opportunity to gain its confidence in the CSOC completely, and I believe this will come with time. The Community Schemes Ombud Services Act No. […]

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