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 ?




Chris Roodt
Chris Roodt
I am the Managing Director of various legal entities; varying from agriculture to residential and business developments. For the past six years Pieter Esterhuizen has been involved with all, baring one, legal entity. I have always received excellent service from Pieter and I am impressed with his personal knowledge of all spheres of business, as well as his professional and speedy response to quer...
Gerrit and Agnes Kirsten
Gerrit and Agnes Kirsten
We would like to thank Jaco van Niekerk for his financial advice and assistance in setting up our retirement options, and are looking forward to a longstanding business relationship with him and LUMENROCK Financial Consultants. We appreciate his honesty and sincerity and the professional way in which everything was done. - See more at:
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.



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