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General Litigation

Employee Incentives and Phantom Share Schemes In South Africa Explained

2024-02-02T09:06:22+00:00February 2nd, 2024|General Litigation|

Employee Incentives and Phantom Share Schemes In South Africa Explained Esmerelda Erasmus 16 January 2023 With increasing competition for quality employees, companies throughout South Africa are redefining methods to retain and incentivise their employees. It has therefore become a regular occurrence for employers to offer shareholding to key employees of the company. The most recent and popular alternative method of incentivising key employees is referred to as Phantom Share Schemes. This alternative presents compelling options for both employers and employees as it seeks

A Landlord’s Guide to the Eviction Process in South Africa

2024-01-29T06:41:35+00:00January 29th, 2024|General Litigation|

A Landlord’s Guide to the Eviction Process in South Africa As a landlord in South Africa, navigating the eviction process can be a complex and sensitive task. Understanding the legalities and adhering to the correct procedures is paramount for a smooth, lawful eviction. In this guide, we will walk you through the eviction process, emphasizing the importance of professional legal assistance from eviction experts like Burger Huyser Attorneys. Understanding the Legal Framework The foundation of any eviction in South Africa is the Prevention

Handling Eviction Orders and The Process in South Africa Explained

2024-01-29T06:38:52+00:00January 29th, 2024|General Litigation|

Handling Eviction Orders and The Process in South Africa Explained In the realm of property management in South Africa, the process of obtaining an eviction order is a critical and complex affair. For landlords, it’s paramount to align with legal standards while safeguarding their property interests. This detailed guide aims to demystify the eviction order process, offering essential insights and emphasising the importance of legal expertise, particularly from eviction specialist attorneys like Burger Huyser Attorneys. Eviction Order Essentials in South Africa The cornerstone

Mastering Eviction Notices in South Africa: A Landlord’s Guide

2024-01-29T06:23:56+00:00January 29th, 2024|General Litigation|

Mastering Eviction Notices in South Africa: A Landlord’s Guide For landlords in South Africa, issuing an eviction notice is a critical step in property management. Understanding the nuances of eviction notices and adhering to legal requirements is vital to ensure a smooth and lawful process. This comprehensive guide will navigate you through the intricacies of eviction notices in South Africa, emphasising the importance of professional legal assistance. An eviction commences with a notice informing the tenant of their breach and allowing them to

Requirements of the Retrenchment Process in South Africa

2024-01-23T07:19:58+00:00January 23rd, 2024|General Litigation|

Requirements of the Retrenchment Process in South Africa Christinne van der Walt 5 December 2023 Retrenchment is a “no-fault” dismissal that doesn’t stem from employee misconduct but rather from the employer's need to adapt to changing circumstances, necessitating a legally structured process to safeguard employees' rights. Section 189 of the Labour Relations Act 66 of 1995 regulates the process of dismissals based on operational requirements, which are requirements based on the employer's economic, technological, structural, or similar needs. Retrenchment in terms of Section

Understanding the Eviction Application Process in South Africa for Landlords

2024-01-29T06:18:35+00:00January 12th, 2024|General Litigation|

Understanding the Eviction Application Process in South Africa for Landlords For landlords in South Africa, understanding the process of instituting an application for eviction in the Magistrate or High Court is a critical component of property management. This procedure, governed by stringent legislation and case law, demands precision and knowledge of the law. This article will explore the steps and considerations involved in applying for an eviction order from a landlord's perspective, while emphasizing the importance of expert legal assistance from Burger Huyser

Your Rights and Responsibilities as a Purchaser of a Residential Solar System

2023-12-12T10:32:04+00:00December 12th, 2023|General Litigation|

Your Rights and Responsibilities as a Purchaser of a Residential Solar System Written by Herman Bonnet & Juanice Jooste 04 December 2023 Considering the various service providers and the objectives and reasons for the installation of private solar systems for residential use, the purchaser has the option to decide with whom and on what grounds to contract for the installation. The purchaser may opt to either: be the owner of the solar system outright and buy the system in cash, have it financed

What is the Difference Between an Eviction Notice and an Eviction Order in South Africa?

2024-01-29T06:18:48+00:00December 5th, 2023|General Litigation|

What is the Difference Between an Eviction Notice and an Eviction Order in South Africa? In the complex landscape of property management in South Africa, understanding the distinction between the different notices in an eviction and an eviction order is crucial. These terms often get used interchangeably, but they signify different stages in the eviction process. The eviction process is thoroughly envisaged in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (the PIE Act). This article

What Are The Consequences Of Not Complying With An Eviction Order in South Africa?

2024-01-29T06:19:12+00:00December 4th, 2023|General Litigation|

What Are The Consequences Of Not Complying With An Eviction Order in South Africa? After consideration of all relevant facts placed before the court in an eviction application, the court will make a just ruling, known as a court order. Understanding the consequences of not complying with such an eviction order is essential for both property owners and unlawful occupants in South Africa. This critical aspect of property law can have significant legal, financial, and personal implications. This article delves into these consequences

The Doctrine Of Effectiveness And South African Courts

2023-11-28T12:03:54+00:00November 28th, 2023|General Litigation|

THE DOCTRINE OF EFFECTIVENESS AND SOUTH AFRICAN COURTS Written by Denisha Padachey 30 FEBRUARY 2023 INTRODUCTION When determining whether to approach a competent court for relief, one must consider whether the court has the necessary jurisdiction to adjudicate over the matter and whether a subsequent order granted by that court can be given effect within South Africa. WHAT IS THE DOCTRINE OF EFFECTIVENESS? The Doctrine of Effectiveness is a common law principle that essentially states that a court shall not exercise jurisdiction over

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