Brian Kahn Inc

Knowledge Is Power – If You Can Find It

The real threat to your business is old habits. In July 2025, a mid-sized South African business lost one of its most experienced employees. The impact was catastrophic. This was not because of his seniority, but because he was the only one who knew how everything worked. Systems, processes, and compliance routines were all inside […]

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 […]

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 […]