Automatic termination of employment in SA: allowed but not always clear-cut

Extracted by Peter Stewart, CA(SA) of LUMENROCK from an article of ENSafrica, original article by Irvin Lawrence and Kara Barnard, published 15 February 2017


In the recent decision in Enforce Security Group v Mwelase Fikile and Others, the South African Labour Appeal Court was tasked with looking at the validity of an automatic termination clause in the context of a fixed-term employment contract.

Read more: Automatic termination of employment in SA: allowed but not always clear-cut

A new twist in the question:is the buyer of an immovable property responsible for paying the seller's outstanding municipal account?

Extracted and adapted by Peter Stewart, CA(SA) from CMW Attorneys, published June 29, 2016


Municipalities are required to issue rates clearance certificates without which a property cannot be transferred from a seller to a buyer. The rates clearance certificate certifies that outstanding debts owing to a municipality up to the date of transfer have been settled.

Read more: A new twist in the question:is the buyer of an immovable property responsible for paying the...

Am I really responsible for the municipal debts of a previous owner?

Extracted from Phatshoane Henney Attorneys, article by Natalie Steenkamp, posted on  11 April 2016


“I bought a house a few months ago. The municipality issued a rates clearance certificate to the seller and the property was transferred in my name. When I recently queried a high water account with my municipality, the municipality responded by saying that there is still quite a large arrear debt against the property and that unless I pay they will take steps against me to collect and even sell my property if necessary. Surely this can’t be lawful?”

Read more: Am I really responsible for the municipal debts of a previous owner?

Can my body corporate give me a speeding fine?

Extracted by Peter Stewart on 11 May 2016, original article by OMP Attorneys.


“I live in a large sectional title complex. I enjoy living there, but some of the rules are getting a bit much. I’ve received a traffic fine in my levy statement for driving faster than the 35km/hour speed limit applying within the complex. Surely the body corporate cannot start issuing traffic fines within the complex?”

Read more: Can my body corporate give me a speeding fine?

What happens if I die without a will ?

Extracted and adapted by Peter Stewart, CA(SA) of LUMENROCK, from CMV; published 22 April 2016


It is often emphasised that you should have a will drawn up by a professional and revise it regularly in order to facilitate the distribution of your net estate after your death. Many people still fail to do this. The problem is that, should a person die without leaving a valid will, in other words intestate, his/her estate will be administered and distributed in accordance with the regulations laid down in the Intestate Succession Act No 81 of 1987.

Read more: What happens if I die without a will ?




Nasiegh Humdaly
Ignus Kempen served on the Southern Region Council whilst Pieter Esterhuizen was in his first term 2010/2011 on SAICA’s Southern Region Council. They achieved this by virtue of the fact that they were chairman of SAICA’s Southern Cape District association representing the interests of all the CA’s (SA) resident in the Southern Cape area.
JB van der Westhuizen
Chairman: Various Companies
The Van Der Westhuizen Group of Companies has been associated with LUMENROCK (as well as previously with KSE & Associates and Mr Pieter Esterhuizen in his personal capacity) as our auditors for almost a decade. Their services have been of an extremely high professional standard and we are proud to be associated with the group. Their availability and friendly assistance have been immaculate.
Hugo de Wet
Business Manager: Gijima
I have known Pieter Esterhuizen, the CEO of LUMENROCK, for more than 10 years. In this time he has been very involved in my business affairs. Pieter is always available to assist me whenever I need his advice. LUMENROCK is a trusted advisor. I trust and value their inputs when it comes to tax structuring or general business advice.



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