Expert Advice from Team Duvenage Inc.

Do you have a drafted will?

Do you have a drafted will?

Have you bought a property? Have you been living with your partner for some time? Have you been divorced or widowed recently? Do a number of people depend on you financially? If so, then you should have a legally sound will to ensure that the...
What does the Voetstoots Clause mean to the property of the Seller and the Purchaser?

What does the Voetstoots Clause mean to the property of the Seller and the Purchaser?

A well-known term that every seller and Purchaser of immovable property may have encountered is that of the voetstoots clause. This means that the product, in this context, the immovable property is sold “as is” or “as it stands”.
WHAT HAPPENS WHEN AN EMPLOYEE USES THEIR PRIVATE CELL PHONE TO TAKE UNAUTHORISED PHOTO’S INSIDE THE EMPLOYER’S BUSINESS PREMISES?

WHAT HAPPENS WHEN AN EMPLOYEE USES THEIR PRIVATE CELL PHONE TO TAKE UNAUTHORISED PHOTO’S INSIDE THE EMPLOYER’S BUSINESS PREMISES?

Employees may innocently be taking photos while in the business premises, however there could also be sinister intentions.
VALIDITY OF ELECTRONIC SIGNATURES

VALIDITY OF ELECTRONIC SIGNATURES

The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) currently regulate electronic agreements, and confirms that digital communications are as equally legally valid as paper-based communications.
ANTENUPTIAL CONTRACTS - YES OR NO?

ANTENUPTIAL CONTRACTS - YES OR NO?

When it comes to Antenuptial Contracts in South Africa, we are of the firm view that this document may be the most important document that you will sign in your life.
Does the court have the discretionary power to award rehabilitative maintenance?

Does the court have the discretionary power to award rehabilitative maintenance?

Rehabilitative maintenance refers to an amount of money given to a dependent spouse (usually a home maker) following divorce for a relatively short period of time to allow that person to obtain additional education or have time to look for work to ma...
What happens to the replacement employee who was employed on a permanent basis because the employer was convinced that the dismissed employee would not come back?

What happens to the replacement employee who was employed on a permanent basis because the employer was convinced that the dismissed employee would not come back?

According to Section 193(2) of the Labour Relations Act, if the employee is found to have been unfairly dismissed, the Labour Court, must make an order that the employee be re-instated, unless: 
Estate Agents’ Commission and the FFC

Estate Agents’ Commission and the FFC

Estate Agents who are forced to trade without a valid Fidelity Fund Certificate (FFC), as a result of the negligence or reluctance to comply by the Estate Agency Affairs Board (EAAB), are now entitled to their commission on transactions.
UNILATERAL CHANGES TO TERMS AND CONDITIONS OF EMPLOYMENT

UNILATERAL CHANGES TO TERMS AND CONDITIONS OF EMPLOYMENT

The Covid-19 pandemic has had a detrimental impact on business all over South Africa. The financial hardships experienced by some businesses have caused them to make significant decisions without the agreement of their employees. 
EXPLAINING THE IMPLIED – TACIT CONTRACTUAL TERMS

EXPLAINING THE IMPLIED – TACIT CONTRACTUAL TERMS

When entering a contract, one of the most common misperceptions that the contracting parties have is that the contractual relationship is only governed by the terms as it appears in the particular contract.