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De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)

SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
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Misrepresentation in Insurance

Introduction This article deals with the topic of misrepresentations in the insurance industry and explores instances where insurers can repudiate insurance policies. Good Faith in Insurance Policies In the case of Mutual & federal Insurance Co Ltd v Oudtshoorn Municipality (1985) (1) SA 419 (A), the courtheld that all contracts are subject to good faith
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The CSOS Dispute Resolution Process in a Nutshell

Introduction Are you a living in a Sectional Title Scheme, Home Owners Association, Share Block or any other type of Community Living set up? Then you will understand the many advantages of living in a scheme of this nature. These so called ‘Community Schemes’ are believed to offer security benefits and are becoming the newest
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Pexmart CC v H. Mocke Construction (Pty) Ltd [2018] ZASCA 175 (SCA).

SUMMARY In 2009, Hein Mocke (“Mocke”) registered H. Mocke Construction (Pty) Ltd (“Mocke Construction”), the First Respondent herein, so as to secure and procure the business of gold mining companies in respect of pipelining projects. Mocke had a competitive edge within the industry in terms of his revolutionary pipelining process, which entailed the rehabilitating and
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How you can legally “revolt” against taxes

As a young professional, it is not necessary to revolt against paying taxes in order to protect your hard earned income. As important as it is to have independent financial advice when starting out your career, so too is continual tax planning. By understanding the tax implications of your financial products and investments, you will
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