May 16, 2023
KVV | May 2023 News
On Friday I read the weather forecast and saw that it was snowing in Lesotho and the surrounding mountain ranges, I told my husband that this meant that there was some cold weather heading our way (I live in Krugersdorp). My words were not even cold yet (pun intended) when the cold hit us on Saturday night. Saturday night brought rain and Mother’s Day was frosty and windy. Do what you will but there was no denying it. Winter was truly and finally here.
We as South Africans seem to be largely divided into people that love summer and loathe winter, and of course, people that love their seasons the other way around. I form part of the latter. I like winter. I always thought that the main reason why this was is because, as a redhead, I prefer the sun in winter when its intensity is just dialed down a tad. However, recently I have come to realise there is more to it than that.
There is an enchantment to winter that summer simply does not have. Outdoor braais give way to cosy indoor dinners with bobotie, curries, biryanis or whatever hearty meal your Ouma used to make during cold snaps. And then the soups, I mean who does not like a warm fresh butternut soup with added chilli flakes and a pinch too much nutmeg, steaming from the crockpot with a freshly baked ciabatta.
Winter does not just bring a change in the food we prefer though, there is something enchanting about being able to draw the curtains on a cold winter night and cuddle up with a loved one on the couch under a blanket, each with a steaming milo in hand and a tub of butter popcorn to watch some silly movie you both have watched 10 times already. Or having a sit down dinner with friends, each with his or her warm water bottle on the lap and a glass of sherry to warm the belly.
This winter I want to challenge all that are reading this newsletter to host a dinner, a proper winter dinner with spicy warm foods, wine or sherry and warm water bottles or blankets a plenty (not much of a challenge I hear you saying). But the challenge is this, I want you to specifically think of someone, that might not be experiencing the same warmth I described above regarding winter. We all know someone for which winter is lonely, cold and unpleasant and this is the person I want to challenge you to invite to your dinner party.
Seneca, one of the great stoic philosophers, once said that nothing is pleasant to possess without people to share it with. The same goes for our warm winter feeling. Go ahead South Africa, lets share some love this winter and make sure that everyone out there has something that is pleasant to possess because it is shared. Stay warm this winter.
Regards
Ianthe Biggs | Conveyancer
April 24, 2023
KVV | April 2023 News
A close family friend passed away last year after a struggle with cancer, she was only in her fifties. At her funeral, my sister asked her husband the rhetorical question: “She was such an influential person and made such a spiritual contribution to anyone that crossed her path, why someone like her so soon?
My brother-in-law answered with another question “She has done more than most people her age. Maybe her work here is done?”
What a testimony to someone`s life, what a life to have celebrated.
This got me thinking how quickly we just send a Facebook message or WhatsApp to a special person on their birthdays, like checking something off on your to do list for the day.
Did you know in the United States when someone is turning 80 they can request a birthday card from the President from the White House Greetings Office!
And did you know a newborn in China is considered age 1, calculated not in calendar years, but a count of the number of Jovian stars whose influence one is believed to have lived through. Eastern Mongolia has a different system for measuring a person’s age, which is based on the number of lunar cycles that have passed (since birth for boys; girls are measured from conception) .
Why celebrate one`s Birthday?
Birthday celebrations first started out as a form of protection.
The earliest mention of a birthday was the Egyptian tradition of celebrating the “birth” of a god. It is assumed that the ancient Greeks adopted this tradition of celebration and like many pagan cultures, thought “birth” days “welcomed evil spirits.”
Europeans were the first to make use of noisemakers on someone`s birthday with the purpose of keeping evil spirits away.
Birthday candles most likely originated from Greece. In the 18th century where moon shaped cakes with lit candles were offered to lunar goddess, Artemis, to recreate the glow of the moon and her beauty. The smoke of blowing out candles with a wish was a way to lift prayers and wishes to the tops of Mount Olympus home of the Greek gods.
German bakers invented the birthday cake as we know it today. The first of these cakes were sweetened bread dough topped with sugar. And we also have them to thank for “kinderfeste” celebrating a child’s birthday, that is the closest to today`s style of birthdays. Kids were given a cake with one candle for each year they had been alive, plus one for the hope of living one more year.
No matter what the origin, remember to appreciate one`s birthday.
Reflect, celebrate, eat cake, blow out candles and make a lot of noise!!!
KVV Inc Attorneys | Janene Visser
March 3, 2023
KVV | A Note from our Director
Dear Stakeholders, Valued Clients and fellow KVV employees,
We are thrilled to announce that KVV Inc is celebrating its eighth anniversary. It gives us immense pleasure to express our gratitude to you all for your unwavering support throughout these past eight years.
We started as a small law firm, but with your support and trust, we have grown into a respected and successful law firm within the industry. We have achieved many milestones and faced many challenges, but with your continuous support, we have overcome them all. Our law firm was founded with the mission to provide our clients with exceptional legal services and to build strong, lasting relationships.
We believe that our success would not have been possible without the trust and confidence that you have placed in us. Your satisfaction and trust in our work has motivated us to provide better services and strive for excellence in everything we do. We understand that you have a choice in selecting your Conveyancing firm, and we are honored that you have chosen us.
We would like to take this opportunity to express our gratitude and thank you for your support, trust, and confidence in our work. It is because of you that we have been able to achieve our goals and grow as a company.
As we look to the future, we are excited to continue providing the highest level of legal services to our clients. We remain committed to building strong relationships with each of you, and we look forward to the opportunities that lie ahead.
On behalf of everyone at the firm, I extend our sincerest thanks and gratitude for your continued support and look forward to many more years of working together.
Sincerely
Diaan Van Wyk | Director
January 9, 2023
KVV | A Note from our Director
KVV | A Note from our Director
Whether you are excited about 2023 and looking forward to what it may bring is probably a very personal and subjective perspective. Hopefully you are looking forward to the year for a specific reason. Maybe you are getting married, or you are counting the days to the birth of your grandchild. Maybe you are starting a new job, or finishing your studies or moving to a new house. Or maybe you are just relieved about the prospect of a new chapter or a fresh start in your life.
Whatever the reason may be, I think the bottom line to that feeling of excitement boils down to two things – hope and purpose.
The turn of the calendar to not just the 1st of a new month, but to the start of a new year can be very symbolic and with that have a very psychological impact on us. As you take off that old calendar from the wall or from your desk and throw it in the dustbin to replace it with a brand new shiny one on which no notes or scribbles have been made, you are filled with the sense of a new beginning. That shiny new calendar without the coffee cup stains or marked dates or reminder notes symbolize a fresh page in life. You sigh a sigh a relief as you put the past literally in the trash and smile upon your bright new shiny future.
The reality, however, is that you are not a different person on the 1st of January than you were on the 31st of December. The turn of the clock past midnight did not have a magical fairytale kind of effect which turned the pumpkin into a shining carriage and the mice into majestic horses. The you that you carry into the new year, is the same you that you were last year. And let’s face it, none of us really knows what lies ahead for us in the future.
What is it then that is so magical and mystical about the New Year?
Personally, I think it is one key element – a choice. The same choice an alcoholic makes when he attends his first AA meeting. The same choice an ex-drug addict makes anew each and every day to not use drugs. The same choice a grieving mother who lost a child makes every day to get up and get dressed to take care of the rest of her family even though her heart breaks in a million pieces. And on a lighter note, for most of us, the choice to keep to our new year’s resolution of going to the gym every day.
You see the choice is a conscious choice towards a new beginning, regardless of the calendar date. The calendar date makes it easy, as it is customary for us to look at the new year this way and make new year’s resolutions. But if the choice is not a conscious, infallible, determined choice then we will fail at it like most of us do at our choices to start a diet or an exercise plan.
I come back to my first point about those lucky enough to have exciting prospects for the New Year. I believe that two of the fundamental things we need to carry forward in life, is hope and purpose. And if we can make a positive choice to make that new beginning we so long for, and with that focus on hope and purpose in our lives, then 2023 has all the possibility to bring us deep and powerful meaning and positive change, regardless of politics, the economy and other world factors beyond our control.
May 2023 be filled with lots of blessings, love, happiness and prosperity. But most off all, may you continue to choose every day to hope and to work toward your purpose.
Mariëtte van Zyl | Director
November 15, 2022
KVV | A Note from our Director
I recently read that some parts of the world celebrated something called “international kindness day” on 13 November 2022. My first thought was probably the same as the thought that many of you might have at first and it went something like “Ahhhhh why do we need a special made-up day for every little thing”.
However, it would be dishonest of me to say that I did not find myself continuously reconsidering the idea throughout the next couple of days. The idea of a day dedicated to random acts of kindness seemed to inextricably draw me in the more I thought of it. Kindness, in its truest form, is doing something helpful or thoughtful for someone (that someone often being weaker or more vulnerable than you), with no hope of reward or gain and purely for the purpose of, well, kindness.
The news nowadays is completely devoid of stories relating to kindness and we often hear people lamenting the cruelty of the world and the life we find ourselves in. But, oh my, allow yourself to dream with me and consider for a moment a world where people treat all other people with kindness. Imagine a world where motorists approach a “loadshedded” intersection with smiles, leeway and kindness. Imagine a world where a random stranger pays for your coffee at Starbucks one morning, unaware that you are exhausted from staying up all night with your sick toddler.
I know the idea seems foreign, I know that it goes against the grain sometimes. But many of us work with people on a daily basis. We speak to hundreds of people on a weekly basis whether it be the person in front of you in a line, a colleague or client or simply just some random person in a shop somewhere. Imagine the impact that one act of kindness per person per day could achieve.
Bob Kerrey once said that unexpected kindness is the most powerful, least costly and most underrated agent of human change. I want to challenge you the next couple of months to be the change that you want to see in people. I want to challenge you to go out there and change the world with kindness. I want to challenge you to realise that the power to change the world might literally reside in your smile.
Regards
Ianthe Biggs | Associate
October 12, 2022
KVV | A Note from our Director
I have recently learned a valuable lesson which I wish to share on this platform. We have each experienced those moments when we encounter an experience that is not new to us. However, the manner of occurrence makes it appear as though the learning is new and for the first time. This one is about being judgmental. How we are often impatient to wait for the facts and quick to jump to conclusions.
Without any further ado. I received a morning devotion one day from a friend which related a simple tale on the importance of withholding judgment until we know all the facts. It is said “a little girl had two apples. Her mother asked her to give her one of the apples. The girl took a quick bite on one apple, and then quickly on the other. Her mother was disgusted and disappointed. Then the little girl handed one of her bitten apples to her mum, and said: mummy, here you are, this one is the sweeter one [own emphasis]”. The moral of the story is that we should always defer our judgment until we know the facts.
How many of your colleagues, family members and random strangers have at one point or another found themselves in the position of the “little girl” against the “mummy” you. There is plenty in my case and often my reaction is subtle until I remind myself of this important principle. To wait for the facts. I have also been on the receiving end and became the “little girl” against “mummy” type characters. I recall an instance when I decided to offer my tip to the waiter in cash at a restaurant. This meant that I left the gratuity part on the bill blank and simply confirmed the total amount of my bill. I handed my bank card to the waiter for the payment to be processed and only handed the tip to the waiter at the end of this process. The waiter became the “mummy” and I could tell that processing the payment had become an excruciating exercise to the fellow. I could almost read his thoughts. To him I was an ungrateful customer. I did not appreciate his service and he probably thought that he had wasted the time and energy he could have spent on grateful patrons to an ungrateful one. All the while I simply wished for him to receive the tip immediately by offering it in cash.
The “mummy” character in us can be conquered by the proverbial virtuous patience. The shaping of our characters is a perpetual work in progress. This is particularly true when you appreciate that we learn and get better every day. Sometimes we do not necessarily learn, we simply just need to be reminded of what we know. If we can master the art to always allow ourselves to learn the true meaning of others’ actions and only react with knowledge, then in Rudyard Kipling’s famous words, ours will be “…the earth and everything that is in it…” and which is more, I improvise, we will be better people.
Regards
Joseph Leotlela | Director
July 15, 2022
KVV | A Note from our Director
Hope
The Word of God says that three things matter, faith, hope and love. What does this have to do with life, at work, life at home ?
At work we all have a role to play and influence those around us. We can lead the way and we do not necessarily have to have a leadership or managerial position to influence people. If you influence people you are a leader.
When we go home all of us no matter background or position, is a dad, or mom, or brother, or sister. Every dad and mother has a leadership role to play.
Just as our Father through our Lord Jesus gives us faith, hope, and love, we can be that faith, hope and love to those around us and those we influence.
Recently we had a discussion with Mr Brand Pretorius and he said that in this time of uncertainty in the world not just in South Africa we as influencers need to be the hope many of us so desperately need. Where there is hope there is faith that things will get better. Where there is hope there is energy to move forward. Where there is hope there is light….
Where there is hope there is engagement by all to make things better. Although we cannot see hope in the physical sense, we can feel it in our spirit and that leads to action that brings results that shows that hope in action leaves a tangible result.
The beauty of hope is that it takes one to ignite that inner flame, that inner spirit that is contagious. It spreads quickly and brings change for the better of the family, community, workplace and the country.
Kind Regards
Roy Kapp | Director
June 24, 2022
A Note from our Director | Mariette van Zyl
A Note from our Director
I have always been envious of morning people – being able to jump out of bed at the crack of dawn with an attitude of carpe diem and a song in the heart. Personally, I have always been a lot more capable of burning the midnight oil than igniting same early in the morning. And that weakness is multiplied when the said morning is in the middle of winter, when mornings are both early and cold and you need double the amount of coffee before you can get going. Thank goodness that God has a fondness of diversity and that we are all created different.
If you are a morning person, then I admire you greatly! If, however, you are more like me, then this past week marked some good news for us. The 21st of June 2022 – the shortest day and the longest night in South Africa, and the turn of the season! Yeah!!
On a more serious note though, this reminds me of one of the certainties of life : that seasons will always change. It is one of the assurances we can hold on to during the most difficult times in life – that no matter how bad things are going at the moment, like the season, things will change. The tides will turn, the earth will continue on its orbit around the sun and the empty branches of the trees will start sprouting new leaves as the sun rises earlier and the temperature becomes milder.
This week saw something else that we all have been looking forward to – maybe with some level of uncertainty, but also a level of hope. The Government repealed the remaining COVID-19 regulations which included the rules on wearing masks indoors and the limitation on public events and gatherings. These past two and half years were certainly trying for the human race. The worldwide pandemic caused sickness, death, uncertainty and financial strain, to name but a few of its implications.
I am reminded of the quote by Albert Camus: “In the depth of winter, I finally learned that within me there lay an invincible summer.”
We all had to dig deep these past two years – I know I have. May this change of season be more than just the literal transition from winter to summer. May this also symbolize the change that we have been desperately looking forward to. A rise from the ashes of the Covid Pandemic where we will move forward with more strength, more resilience, and most of all, more appreciation for the gift of live.
To those who have lost loved ones in this pandemic. I know your pain. May you to find a glimpse of spring on your horizon. And may hope and faith always be your anchor.
Mariette van Zyl | Director
May 26, 2022
The “Great Resignation” is Upon Us – Know the Law!
“Signs of the “Great Resignation” are rippling across South Africa” (Business Insider report, 22 April 2022)
The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of employee resignation.
A recent Labour Court decision gives some valuable guidance –
The sick employee who tried to withdraw his resignation after a “miraculous” recovery
- The Deputy Financial Officer of a municipality under administration tendered in writing his immediate resignation from his post on the grounds of ill health.
- Two weeks later he sought to withdraw his resignation stating “It gives me pleasure that my health as prompted resignation has miraculously improved that I am normal to endure the temperature in the area”.
- The municipality told him his withdrawal of resignation was not accepted and he applied to the Labour Court for an order reinstating him to his position with full salary and benefits.
- Many of the facts were in dispute, but critically the Court found that the employee “has by word shown a clear and unambiguous intention not to go on with his contract of employment”, that he did not act in the heat of the moment, that his failure to report for duty thereafter “confirms his subjective intention to quit”, that he communicated his resignation to the correct municipal official who had not objected to it and could be presumed to have accepted it, and that his request to withdraw his resignation was indeed refused by his employer.
The Court held accordingly that the employee’s resignation stood. In doing so, it answered a variety of important questions as follows –
The law on resignation: 7 critical questions answered
- What is resignation and how does it affect the contract of employment?
“Resignation as a voluntary act is a unilateral act that ends the employment relationship.” (The “voluntary” part is important here! In this case the employee “…consciously elected to resign. He must be allowed to remain in that freely chosen path”.). - When does resignation take effect?
“Resignation takes effect once communicated to an employer…”. - Who must resignation be communicated to?
When it comes to a corporate employer “In my view anyone superior to an employee is sufficient. He or she represents an employer one way or another.” (No doubt some contracts of employment will specify exactly how and to whom a resignation must be communicated). - Must an employer accept a resignation to make it effective?
No, “…there is no legal requirement that the resignation must be accepted.” - What if the employee must serve a notice period?
This makes no difference; the resignation is effective once communicated: “…This is so even if an employee is contractually obligated to serve a notice period and does not serve it.” - Can an employee unilaterally withdraw a resignation?
No, “… it is incapable of being withdrawn unless an employer consents thereto”. - If an employer does accept a withdrawal of resignation, is that a reinstatement?
No, “…where an employee withdraws a resignation, all it means is that such an employee is seeking to be rehired or re-employed … A contract of employment can only be brought back from the ashes in the same way it is conceived; namely offer and acceptance.” (The lesson for employers here is to be crystal clear in rejecting a request to withdraw a resignation, as anything less might be construed as re-employment).
Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.
© LawDotNews
May 26, 2022
Landlords: Zoning Law Contravention Could Invalidate Your Lease
“…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below)
Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in, as a capital investment, or to let out.
One risk for a landlord is finding yourself with an invalid lease and no claim against your tenant. A recent High Court decision illustrates –
The unlawful coffee shop and the invalid lease
- A landlord rented premises to a tenant for use as a coffee shop, home industry and restaurant. The tenant also resided on the premises, but no rental for the residential component was specified in the lease.
- The business use was contrary to zoning provisions indicating that the property could only be used for dwelling purposes as it was zoned “Single Residential 2”.
- The landlord, although aware of the zoning restrictions, told the tenant that she could operate her business.
- When the landlord sued for arrear rental and payment of municipal charges the tenant’s defence was that the lease was invalid and unenforceable.
- The High Court (hearing an appeal from the Magistrate’s Court) held the lease agreement to be illegal, void and unenforceable. The tenant, it said, could not be expected to establish from the municipality, before entering into the lease agreement, whether the premises could be used for her business. She had seen other restaurants in the same street and had no reason to question the landlord’s right to allow her to trade as she did.
- As to the applicable law, the Court found that “although it is a general rule that a contract impliedly prohibited by statute is void and unenforceable, this rule is not inflexible or inexorable [inevitable].” The Court’s analysis of when this will apply (and when it won’t) will be of great interest to property professionals, but for most landlords the important thing is the fact that your lease will normally be invalid when it contravenes local legislation.
- In that event, you will have no claim against your tenant because, as the Court here put it “this court shall not countenance unlawful conduct by allowing the [landlord] from benefiting from an illegal contract.”
- Bottom line – the coffee shop tenant is not liable for rental, nor even for municipal charges relating to her occupation and use of the premises.
Zoning – what to do when buying or letting out property
The bottom line is that you need to understand all local zoning restrictions before buying property or letting it out to a tenant. If as a landlord you are aware of a possible issue in this regard, take professional advice on whether you may be able to word the lease in such a way as to protect you from losing all your claims against the tenant should worst come to worst.
Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.
© LawDotNews