Chris Fick & Associates

SARS – NEW SEARCH AND SEIZURE POWERS

The powers … SARS has a powerful new weapon. The Tax Administration Act (TAA), which has just come into effect, allows SARS to “search and seize” without first obtaining a court warrant. This enables the taxman to take immediate action to stop tax evaders from destroying records and hiding evidence during the period of delay […]

SICK NOTES FROM A SANGOMA – ARE THEY VALID?

A recent decision A recent decision of the Labour Appeal Court has been misinterpreted by some as meaning that employers must now unconditionally grant their employees sick leave on the basis of ‘sick notes’ from traditional healers such as sangomas. That is not correct, and it is important for both employers and employees to understand […]

LOSS OF SUPPORT CLAIMS: UNMARRIED COUPLES COME IN FROM THE COLD

The loss of support claim If the breadwinner in your family is killed or injured as a result of another person’s wrongdoing, you can claim for maintenance and loss of support under what is known in our common law as a “dependants’ action”. You will need to show that the breadwinner had a “legally enforceable […]

UNFAIR DISMISSAL AND CCMA HEARINGS – CAN YOUR LAWYER REPRESENT YOU?

Although CCMA rules generally allow you to have legal representation in arbitrations, there is one important – and common – exception.Where the dispute is about the fairness of a dismissal related to either misconduct or incapacity, the default position is that you are not entitled to be represented by a legal practitioner.The commissioner in each […]

LENDING TO A FRIEND: THE R7 MILLION, THE LAW AND THE RISKS

“Be careful about lending a friend money. It may damage her memory” (Anonymous)Of the many potential pitfalls inherent in making loans to friends, one of the more dangerous (but lesser-known ones) is that presented by the requirements of the National Credit Act (NCA). It’s a serious risk – failure to comply with the NCA’s many […]

YOUR SECTIONAL TITLE LEVIES – ARE THEY VALID?

A recent High Court case, in which a body corporate failed in its attempt to sequestrate the deceased estate of a section owner, shows once again the necessity of complying with all the requirements of sectional title legislation – what may appear at first sight to be a “technicality” could easily turn out to be […]

COMPANY DEREGISTRATION: NEW PROCEDURES

CIPC (the Companies and Intellectual Property Commission) has published new procedures for deregistration of companies and close corporations. You can apply to voluntarily deregister your corporate if either: It has ceased to carry on business, or It either has no assets, or inadequate assets for it to be liquidated. There are no forms to complete, […]

BRAVE NEW WORLD: VIRTUAL BOARDROOMS IN CYBERSPACE

“O Wonder! .….O Brave New World” (Shakespeare) One of the innovations brought in by our “new” Companies Act is that company meetings may now be held via electronic communication, opening the door for companies to use cyber services such as email, online messaging, voice and video conferencing (easy with services like Skype, SightSpeed, iChat etc) […]

TENDER FRAUD – FIGHT BACK!

What are our courts doing about the scourge of tender fraud in South Africa? The sentence: 3 years’ prison It’s a hot topic yet again, and honest tenderers can take heart from the effective sentence of 3 years’ imprisonment recently imposed by the Supreme Court of Appeal on a man convicted of tender fraud relating […]

FACEBOOK, TWITTER: POST AND TWEET AT YOUR PERIL! AND BEWARE

“I wonder too what happened to the person who I counted as a best friend for 15 years, and how this behaviour is justified. Remember I see the broken hearted faces of your girls every day. Should we blame the alcohol, the drugs, the church, or are they more reasons to not have to take […]