Workplace Sexual Harassment: It’s the Victim’s Perspective That Counts
Our courts have no tolerance for sexual harassment in the workplace, stressing that, at its core, it is concerned with power dynamics at work. A recent Labour Court decision has confirmed that in assessing whether or not an employee is guilty of such harassment, it is the victim’s perspective that must lie at the heart […]
Love and the Law: Cohabiting? Get Your House in Order Now
February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, […]
Beyond Your Will: Leaving a Legacy
Leave a personal legacy, not just a financial one We all know how important it is to our loved ones that we leave behind a valid will rooted in a comprehensive estate plan, but our legacy should go a lot further than just distributing assets. Sharing with your heirs your values, your family history, and […]
Director Delinquency Declarations: Managing Your Risk
Being a company director carries not only rewards but also risks that you need to manage carefully. In particular, you are held by the Companies Act to a high standard of conduct. Breaching any of your many duties and responsibilities can have significant negative consequences. Among these is being declared a “delinquent director”. That’s no […]
No Means No: What the New Case on Consent Means for Victims of Sexual Violence
“Sexual violence is a horrific reality that continues to plague this country.” (Quoted in judgment below) It’s often said that victims of rape and other types of sexual violence have to suffer twice – firstly at the hands of the rapist and secondly at the hands of the law. A recent High Court ruling on […]
Revenge Porn and a Fake Facebook Profile – Online Defamation Costs a Couple R3.55m
“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can […]
Directors: Here’s How to Avoid Being Sued for Company Debts
“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze anything out of the company. Or maybe you worry about the company itself […]
How to Avoid Fighting Over the House – A Guide for Life Partners
“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile […]
Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren
“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with her two grandchildren in the face […]
What Can You do When a Director Deadlock is Killing Your Company?
“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no longer see eye to eye, the company can grind to a halt, meaning everyone […]