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last updated on 3 Aug 2008 ![]() |
Latest NewsMonday, June 22, 2009
New Companies Act / Directors' DutiesRecently the new (South African) Companies Act was signed, but will probably only come into operation towards the middle of next year. The Act makes directors' duties more onerous and will raise directors' accountability to shareholders. Australia, which has gone through a similar corporate law change, has apparently seen director and officer claims double in the past four yearsDirectors will face enormous exposure for damages claims, if they fail in their fiduciary duties. Under the new Act, they could be held liable for damages and penalties. Article submitted by Ric Martin, a partner at Eversheds eversheds.co.za Tuesday, June 2, 2009
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Wednesday, May 6, 2009
Consumer Protection ActThe much awaited Consumer Protection Act was signed into law on 24 April 2009 and published in the Government Gazette on 29 April 2009. Submitted by Simone Monty of Routledge Modise in association with Eversheds Thursday, March 26, 2009
National Credit Regulator Bares Its TeethThe National Consumer Tribunal ruled in favour of the NCR and held that HD Finance was retaining and using bank cards and pin codes as a collection method, when collecting money owed by consumers. Consequently HD Finance was found to have repeatedly contravened the NCA. The Tribunal ruled that with effect from 3 April 2009, the registration of HD Finance was to be cancelled unless HD Finance, at its own initiative and costs, satisfied the National Credit Regulator that all 22 of its branches are fully compliant with the NCA prior to 3 April 2009. It is clear that credit providers who still retain bank and pension cards should take note of the recent decision by the Tribunal. Should they wish to continue to grant loans, compliance with the NCA is not negotiable. Submitted by Simone Monty of Routledge Modise in association with Eversheds. Monday, March 2, 2009
Legal City now offers Collection LettersWe take great pleasure in re-introducing our Collection Letter service. Using this service you can send a registered letter or telegram to a debtor requesting payment of an outstanding debt. The letter is certified to be compliant with Section 168 of the National Credit Act (Act 34 of 2005) and meets the notice requirements of Section 129 of the same Act. The service is also designed to automatically remind you after the prescribed time has passed so that you may proceed with additional action against the debtor should you not receive payment. The cost of the collection letter is fixed and we do not charge you any additional collection fees or commissions. Please take some to click here and revew this new service. Thursday, February 12, 2009
Highlights of the 2009/10 BudgetEconomists and opposition political parties have welcomed Finance Minister Trevor Manuel balancing the needs of the poor with some relief for taxpayers in his 2009 budget. Although his budget did not have any dramatic changes for the Corporate market there is some relief for the personal income tax payer. One highlight of the budget was his commitment to increasing social grants and funding for much needed public works projects. Our thanks go to Routledge Modise in association with Eversheds who have put together a concise Tax Card outlining the changes that can be expected. Click here to download their Budget 2009 Tax card in pdf format (file size 1.21 MB). Monday, January 5, 2009
Welcome backNow that everyone is back safe and sound and well rested after a much needed break we hope to continue providing you with the same excellent service that you have come to expect from us. Our new pricing is in effect and we'd like to remind you that since your Legal Credits only expire after one year why not take advantage of our special discounts and get some FREE Legal Credits. If you have any requests or suggestions then we would love to hear from you - please contact us and we'll see what we can do to accomodate you. We look forward to an exciting year which already features a host of new services that will be launched in the upcoming months. Sunday, August 3, 2008
Database MaintenanceWith the launch of our new web site we will be conducting ongoing maintenance of our user database which may result in a small number of user accounts being suspended. This is unintentional and occurs automatically when we are unable to communicate with you via email. If you see a suspension notice when you try to log on then please contact our call centre immediately so that we can help you re-activate your account. Important Note: We would like to remind all our users that it is important to keep your contact details (specifically your email address) up-to-date to avoid your account being suspended. Legal City requires accurate and up-to-date details in order to provide you with access to our services. Sunday, August 3, 2008
New Transunion Terms of UseIn order to ensure that Legal City remains fully compliant with the requirements of the National Credit Act we have implemented a new TransUnion Credit Bureau Terms of Use document which governs your access to their services. One of the requirements of this new document is that we must be able to positively identify you as the requester of the data and accordingly we now require a valid South African ID for each TransUnion credit enquiry that you conduct. Your ID number will be kept completely confidental and will only be divulged should we receive a demand from the National Credit Regulator in terms if the TransUnion document. We thank you for your understanding and participation in this matter. PROUDLY PARTNERING WITH THESE SERVICE PROVIDERS
Featured ArticlesReviewing a decision by the Health Professions Council
A decision of the Health Professions Council can be reconsidered by way of an administrative appeal or by judicial review. An appeal is designed specifically to challenge the merits of a particular decision while judicial review focuses on the way in which the decision was reached and not on the justice or correctness of the decision itself. More...
What is a strike?
In the recent Supreme Court of Appeal (SCA) judgment of Sasria Limited v Slabbert Burger Transport (Pty) Ltd, 2008 (5) SA 270 (SCA), the SCA had to interpret the word "strike" in a so-called coupon policy issued by Sasria to the respondent. In terms of this policy, the appellant undertook to indemnify the respondent "against loss of or damage to (the truck) directly related to or caused by … any riot, strike or public disorder, or any act or activity which is calculated or directed to bring about a riot, strike or public disorder". More...
Pay discrimination
The Constitution of the Republic of South Africa guarantees the right of an employee not to be subjected to unfair discrimination. Section 6 of the Employment Equity Act 55 of 1998 provides that no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth. More...
The Consumer Protection Act – Erosion of the Fixed Term Contract?
The Consumer Protection Act (the Act) was promulgated in April 2009. South African consumers will be among the world's most protected when this far reaching legislation is implemented. More...
Business rescue
Recently there has been much debate about the concept of business rescue. The role-players involved have generally adopted the "wait and see" approach relating to the Companies Bill 2008 (the Bill) (Chapter 6). More...
Banks and SARS: Another angle
Banks have increasingly picked up problems in acting as the custodians of their customers' monies. No government body has been more rapacious in proceeding against banks than the Commissioner: SARS. In this context, we are not talking about the issues where SARS wants to tax the banks based on their income which the banks derive from their activities, but where SARS is chasing the monies of other taxpayers, and can find that money sitting in a bank account. More...
The right of parties to legal representation in an Arbitration hearing
In employment law legal representation is not permitted in arbitration proceedings where a party is dismissed for misconduct and incapacity. However, legal representation can be permitted during arbitration with the consent of the parties and the arbitrator. The reasoning for not affording parties the right to legal representation in arbitration proceedings is meant to facilitate an effective process which should expedite the finalisation of an arbitration. More...
FIFA 2010 Trademarks and Exclusivity
The 2010 World Cup is widely being touted as a marketing opportunity for South Africa and its business community, the like of which we have not enjoyed before and are unlikely to see for some time to come. Certainly, despite the global economic slowdown (dare we call it a recession?), barring unforeseen events, we will, in the space of a few months in the middle of next year, be playing host to a higher number of foreign visitors (with wallets full of hard currency) than we have ever previously done within as short a period of time. For anyone involved in the retail sector, and for those in the hospitality and related industries, in particular, this is a marketing opportunity not be missed. More...
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