May 4, 2018

Assets held as security by SARS when a company is being liquidated

The KwaZulu-Natal High Court previously granted an application brought by Van der Merwe and others (acting as liquidators) requiring the Commissioner for the South African Revenue […]
May 4, 2018

Removing directors of a company

The Companies Act, 71 of 2008, requires that the business and affairs of any company be managed by or under the direction of its board, which […]
April 13, 2018

Trust litigation – Who can institute a claim and which court has jurisdiction?

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction is […]
April 13, 2018

The benefits of creating a trust

Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between the living) […]
April 13, 2018

Cancelling a contract? The do’s and dont’s to consider!

Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim of […]
March 22, 2018

Can the future development of a property be stopped?

The provincial heritage resources authority (PHRA) granted a permit in terms of Section 34 of the National Heritage Resources Act 25 of 1999 for the demolition […]
March 22, 2018

What is Restorative Justice?

Concerns about the effectiveness of traditional criminal justice systems have given rise to new approaches to criminal justice. One such approach is Restorative Justice, a theory […]
March 22, 2018

The basics of Estate Duty

When a person dies, they leave behind an estate which includes everything they own. Estate Duty is payable on the estate of every person who dies […]
February 27, 2018

Authenticating documents for use outside SA

If you need to use official South African documents in another country, it is necessary that they are legalised for use abroad. This can be for any […]
February 27, 2018

BKI appointed honorary counsel for the African Presidential Leadership Centre (“APLC”)

The Centre, or “APLC” – chaired by Ambassador Charles Stith, the former United States Ambassador to Tanzania – who conceived this organisation with the help of […]
May 14, 2019

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 […]
May 14, 2019

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 […]
May 3, 2019

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 […]
April 11, 2019

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 […]