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 ?




Franco van der Westhuizen
Thanks a million - you guys are legends!
BD Boshoff
Director: Bernhoff Boerdery
Pieter Esterhuizen (prior KSE and now LUMENROCK) has been our auditor for the past 17 years. He was the accountant for several of our companies in property development, as well as the farming sector. It was during this period of time that he distinguished himself as a unique financial advisor, who is always capable of doing what is best for each and every company – in every possible situation. H...
Kruger Human
Marakalalo Safaris Trust
On behalf of Marakalalo Safaris Trust, we want to thank LUMENROCK for the outstanding advice and services rendered to the business. We value the honesty, professionalism and very high ethical standards of the company, directors and staff. It is a pleasure and honour to be associated and to do business with LUMENROCK.



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