The Impact of Recent Companies Act Amendments on Audit and Review Requirements for Close Corporations
Under the amended legislative framework, members of a close corporation are now required to prepare annual financial statements (AFS) within six months after the financial year-end. This timeline was shortened from the previous nine-month period due to the incorporation of relevant provisions from the Companies Act into the Close Corporations Act 69 of 1984. Section […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
The Legal Recognition of Electronic Communications and Signatures under the ECTA
As digital technologies continue to evolve and integrate into everyday life, the application of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) has become increasingly significant in both the public and private sectors. The Act plays a pivotal role in shaping the legal framework for electronic communications and e-commerce in South Africa. The […]
Justice on the Run
On 28 March 2025, the Supreme Court of Appeal (the “SCA”) delivered a judgment involving an incident that took place during a 2014 woman’s running race in Mouille Point, Cape Town, which was not closed off to the public. The appellant, a seasoned road runner (who we will call the “athlete” for ease of reference), […]
When SARS Says ‘No’, They Must Tell You Why
Taxpayers have the right to obtain reasons for decisions by SARS. When I was about three years old, my mother admonished me not to play with matches, and like the precocious brat I was, I demanded to know “why”. Many a parent, faced with similar demands from their offspring, would be tempted to exert parental […]
Understanding Your Rights as a Taxpayer: Tax Assessments and the Promotion of Administrative Justice Act (PAJA)
We all pay taxes in one way or another, but as a taxpayer, it is important to understand your rights when dealing with tax authorities, the laws applicable, and whether your constitutional rights might be affected. One of the most common taxes paid is personal income tax. A critical aspect thereof is tax assessments, which […]
How to Register Your Business in South Africa: A Step-by-Step Guide
Registering a business in South Africa is essential to ensure your company operates legally and complies with local regulations. The process can be straightforward if you follow the proper steps. Here’s a guide to help you through the registration process. Step 1: Choose Your Business Structure The first decision you’ll need to make is the […]
All Our Trustees Have Resigned. What Now?
What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue exercising the function and powers of the body corporate, which is entrusted to the trustees by virtue of the Sectional Title Schemes Management Act 8 of 2011 (STSMA)? The […]
Can You Inherit from Someone You Have Merely Been Living With?
In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]