Evidence obtained unlawfully from Facebook – does it infringe the right to privacy?
In the recent case of Harvey v Niland 2016 (2) SA 436 (ECG), the applicant, Mr Harvey, and the first respondent, Mr Niland, were the only members of a close corporation, Huntershill Safaris CC, which offered professional hunting services to its clients. Niland was employed by Huntershill as a professional hunter and safari guide until […]
Important ingredients for the business recipe
“There are those who make it, those who sell it, and those who look after the money.” So, you have finally taken the plunge – you have taken your hard-earned savings and decided to invest it in your new start-up. This was a natural decision for you since you have all the right technical skills, […]
Demystifying “non-refundable deposits”, “rouwkoop” and “penalty clauses” in sale of property agreements
The sale or purchase of a property is for many people one of the most important transactions that they will enter into in their lifetime. The parties to a Sale of Land Agreement will inevitably enter into a contractual relationship which will have legal consequences for both the purchaser and the seller. It is often […]
Trustees’ duties and powers
All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only for the benefit of the beneficiaries and not for third parties; not for the trustees’ benefit, unless specifically authorised; and not to defeat the terms of the trust, but […]
Strategic Alliance with TGS
Dear client Brian Kahn Inc. (“BKI”) (www.briankahn.co.za) and TGS South Africa (www.tgs-global.com) (“TGS”) are delighted to announce their strategic alliance with the objective of sharing their expertise and skill. The sharing of expertise and skills between BKI and TGS will facilitate the sharing of our databases allowing, amongst other benefits, that BKI’s clients will be […]
Strategic alliance with Mayer Jardim of Portugal
The so-called Golden Visa initiative by a number of countries throughout the world has attracted the attention of citizens of many countries but sifting through the various requirements per country has its own challenges. BKI has however concluded that one of the most attractive residency and then citizenship by investment processes is that initiated by […]
When does a foreign system of law apply to your contract?
Let’s say I own a company in South Africa that makes and sells jewellery. The company is hugely successful and attracts international clients. A client who lives in Canada buys a piece of jewellery from my company, which is transported from South Africa to Canada. However, when the piece of jewellery arrives in Canada, the […]
Electronic signing of documentation
The commercial world is currently moving to greater levels of digitisation. Organisations are implementing automated and electronic solutions in an effort to improve efficiency and better the environmental footprint at the same time. The move to digitisation and electronic signatures prompted questions surrounding the legality of these documents. This article aims to highlight certain legal […]
Drones: How is it regulated?
Drones, also sometimes referred to as Remotely Piloted Aircraft Systems, are becoming increasingly popular amongst the civilian population. This is due to the fact that it is becoming widely available and increasingly affordable. Drone manufacturers are catering for all different types of consumers and different budgets, with some drone models retailing at less than a […]
Joint ownership: How do I terminate without the co-operation of the other joint owner?
Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains in existence, and a joint owner also cannot alienate the property or a part thereof without the consent of the other joint owner. The rights […]