caveat, Author at Caveat Legal

Lessons from the Rivonia Primary School Case: How Schools and Education Authorites can Ensure that their Admissions Decisions are Lawful

On 3 October, the Constitutional Court handed down its decision in the Rivonia Primary School case. The Court’s decision comes as a firm reminder to all public schools and education authorities to ensure that their learner admissions actions are lawful, reasonable and procedurally fair and are ultimately taken in the best interests of learners. Time and time […]

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B-BBEE status and fronting in the Procurement Context

On 7 December 2011 the new Preferential Procurement Regulations, 2011 (‘the Regulations’) made under the Preferential Procurement Policy Framework Act, 2000 (‘the PPPFA’) came into effect. The Regulations have a broader scope of application than the 2001 Regulations: municipal entities, as well as schedule 2 and 3 public entities listed under the Public Finance Management

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A Sale of your Business may require Takeover Regulation Panel Approval

Commercial Law / caveat

If you conduct your business using a private company as a vehicle then, no matter its size (turnover, asset value, number of shareholders or any other measureable) your company may require Takeover Regulation Panel (“TRP”) approval in terms of the Companies Act 2008 (“the Act”) for the sale of all or the greater part of

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Beware foreign anti-corruption laws

International Trade & Investment Law / caveat

South African corporates listed on foreign stock exchanges as well as local companies in business with foreign listed firms are increasingly coming under pressure to comply with foreign anti-corruption legislation. This is according to David Rix, commercial forensics consultant at Caveat Legal. Rix says that all companies doing business in South Africa are required to

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Commercial Leases: Practical Notes

Commercial Law / caveat

Whether you are entering into a commercial lease as a Landlord or as a Tenant, it is imperative that you have an understanding of the legal and contractual implications in doing so, and have a good idea of what your rights and obligations are. This article does not purport to be exhaustive, but will highlight

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Tips to keep legal fees in check

Corporate & Commercial Law / caveat

Last year a flippant e-mail exchange between lawyers discussing a client’s mounting legal fees surfaced in court papers submitted as part of a fee dispute between the client and the law firm. The lawyers worked for one of the world’s largest law firms and the offending e-mail stated: “That bill shall know no limits.” The

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Pitfalls in the Administration of Offshore Trusts

International Trade & Investment Law / caveat

1. The position and perception of offshore trusts As a result of the global move towards tax transparency and the need for governments worldwide to increase their tax base, there has for the last decade or so been continued pressure on offshore trusts, and especially the way in which they are used for tax planning.

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New Companies Act: Pros and Cons for Small Business

Commercial Law / caveat

Small business owners are often caught between the need to house their business operations in a legal entity which affords limited liability, and a desire to avoid the legal and administrative difficulties that come with registering and maintaining a legal entity. Prior to 1 May 2011, being the date upon which the Companies Act 71

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What is an Industry Code and Why do we Need it?

Data Protection Law, Legislation / caveat

As a specialist in the Consumer Protection Act, I often hear suppliers complaining that the Act was just not written for their industry as it doesn’t accommodate their particular circumstances, customs and constraints. Section 82 of the Consumer Protection Act empowers an industry to put a code of conduct in place for the industry, which,

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Commercial Mediation: A Brief Overview

Commercial Law / caveat

Conflict is an inevitable consequence of human interaction and is common in the commercial world. How to most effectively deal with conflict and resulting disputes is a debate that has resulted in the emergence of a number of options and processes. Many disputes are referred to the courts or to arbitration to be adjudicated. Although

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