KVV Inc. Attorneys

Employer v Employee: Can You Use Evidence Obtained under Threat of Prosecution?

KVV Inc Attorneys

Published on: 04/03/2025

he SCA upheld the confessions' admissibility in the civil case, distinguishing it from criminal proceedings. The court found the employer's actions permissible, noting no physical threats or illegalities. While such threats might be problematic in other contexts, they didn't constitute unlawful duress in this specific instance.

Employment Law

Estate Agents – The Simple Mistake That Cost A 10% Commission

KVV Inc Attorneys

Published on: 04/03/2025

Estate Agents – The Simple Mistake That Cost A 10% Commission

Property Law

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

KVV Inc Attorneys

Published on: 04/03/2025

Lending money to friends or family can be risky. While it seems natural, if the loan isn't "at arm's length" (a formal business arrangement) it may not fall under the National Credit Act (NCA). A recent case highlighted this, where a R15m informal loan between friends was deemed outside the NCA, saving the lender. However, relying on informal agreements is dangerous.

Credit Law

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

KVV Inc Attorneys

Published on: 04/03/2025

A buyer's offer to pay cash for a property after a bond clause deadline expired did not constitute a valid waiver of the clause, the Supreme Court of Appeal ruled. The sale agreement lapsed, entitling the buyer to a full refund of their deposit. The seller failed to prove the buyer's clear intent to waive their rights, as required by law and the agreement's terms.

Property

Dual Citizens: Good News if You Lost Your South African Citizenship, But…

KVV Inc Attorneys

Published on: 04/03/2025

South Africans who unknowingly lost their citizenship by acquiring foreign citizenship without prior ministerial permission may be in luck. The Supreme Court of Appeal (SCA) ruled the relevant provision invalid, deeming affected citizens to have never lost their status. However, this ruling awaits Constitutional Court (CC) confirmation. Until then, the Department of Home Affairs may still enforce the provision. Critically, while dual citizenship is permitted, always enter and exit South Africa using a valid South African passport. This information does not constitute legal advice.

General Interest