Lending institutions often require security before they can advance credit to either a juristic or natural person. The purpose of the security is to ensure that the lending institution can recover the debt should the debtor default in repaying the debt, or at least that is what we all want to believe. There are various methods through which a debt can be secured. These methods include amongst others, mortgage bond, notarial bond, pledge, suretyship and cession, to mention but a few. In this article I will only look at notarial bonds as a method of security and explore whether it provides sufficient security to lenders.
The recent Supreme Court of Appeal case of Standard Bank v Swanepoel NO (22062/2014)  ZASCA 71 (22 May 2015) places the spotlight on the precise legal nature of a trust, an aspect that appears to still cause confusion and, for some, a hopeful way of escaping their obligations.
Section 25 (1) of Botswana's Employment Act Cap 47:01 provides that where an employer terminates contracts of employment for the purpose of reducing the size of his workforce, he shall do so in respect of each category of employee, whenever reasonably practicable, in accordance with the principle commonly known as first in last out; provided that in so doing the employer shall take into account:
Appointment: Associate: Sarvani Morgan – Labour, Employment and Human Rights department.
The firm, in partnership with the Centre for Small Business Development (at the University of Johannesburg Soweto Campus) andProBono.Org, launched its Pro Bono Business Law Clinic, Yakha Isizwe (Building a Nation). Students from the Raymond Ackerman Academy of Entrepreneurial Development attended the launch at the end of May. In the first of a series of commercial law related presentations, practitioners from the firm's Tax, Corporate and Commercial and Dispute Resolution departments presented to start-up SMME owners and aspirant small business owners in numerous key economic sectors.
It has been fifteen months since the Protection of Personal Information Act (POPI) was signed in parliament in November of 2013, yet there is still no official indication of when it will be fully enforced or even if any progress has been made in appointing an Information Regulator.
There's no denying it, Facebook and the larger social media age has arrived, and it's here to stay. Just as the first personal computer changed the way lawyers communicate, litigate, research, and market, so social media has irrevocably altered the landscape of the profession. In a paper drafted for The Law Society of South Africa in 2012 "Introduction to Social Media – Legal Implications for South African Law Firms" it stated that social networking is not a fad and its application is an important development in the communication technology that will shape changes in how we communicate.
When I arrived in Britain in 1970 on a university scholarship my mental baggage was weighed with many expectations...a hazy amalgam of the Winston Churchill, Biggles, James Bond, the Beatles, Tony Hancock and my father's dinner table monologues about Lancashire during the Great Depression.
Duncan Savage recently released the third vintage of his Savage Red and Savage White wines. Known as the talented winemaker behind all Cape Point Vineyards' (the Two Oceans don't meet there) accolades, he has again managed to produce some of South Africa's top wines.
I remember a time when classic cars were affordable and for less than a hundred thousand Rand you could be motoring around in a 70s supercar, wind in your hair and a smile from ear to ear. Something happened around 2010 and the classic car market has taken off, making ownership virtually impossible for the average Joe.
Sometimes we purchase items we have absolutely no need for. I am not referring to exercise equipment bought from the infomercial channel but novelty gadgets. Both may take up unnecessary space in your house but at least the novelty gadgets invite smiles.
JSE Company Deals
Choppies Enterprises, the Botswana grocery retailer that took a secondary list- ing on the JSE in May, has entered the Kenyan retail sector by purchasing 10 Ukwala supermarkets across the country. Choppies will make the acquisition through its 75% held subsidiary, Choppies Supermarket Kenya, and will run the business with its JV partner, the promoters of Export Trading Group. The $10m price tag will cover the assets and business name.