Kern, Armstrong & Associates Inc. Blog

CYBER LAW - THE SEEMINGLY POSITIVE RESPONSE TO TECHNOLOGICAL ADVANCEMENTS

Technological advancement is a reality that is influencing and challenging legal norms. Thus, a pertinent question is how has or should...

PIERCING THE CORPORATE VEIL

‘From existing case law, it is clear that the Plaintiff / Applicant, in attempting to pierce the corporate veil (“PCV”), would have to...

ARE YOU INSURED FOR BUSINESS INTERRUPTION DURING THE COVID-19 PANDEMIC

1. Introduction When COVID-19, and all the effects flowing therefrom, hit South Africa, many businesses approached their insurers in the...

POOR PERFORMANCE: WHAT OUR LAWS SAY ABOUT PERFORMANCE MANAGEMENT

WHAT IS PERFORMANCE MANAGEMENT? An employee can be placed under performance management for poor performance and the employee can...

UNDERSTANDING LIQUIDATION

The current pandemic has forced many companies to close their doors permanently. This brief explains the process of liquidation as a...

CANCELLATION OF RESIDENTIAL LEASE AGREEMENTS

We have, over the last couple of months, experienced a large number of questions from landlords and tenants alike regarding the...

HOW TO REMOVE A DIRECTOR IN TERMS OF THE COMPANIES ACT

The Companies Act 71 of 2008 (“the Act”) allows a Company’s Board or its shareholders to remove a director depending on particular...

SOUTH AFRICA'S CONTEMPLATED NEW ROAD RULES

In August 2019, President Cyril Ramaphosa signed the controversial Administrative Adjudication of Road Traffic Offences (AARTO) Amendment...

DOMESTIC VIOLENCE IN SOUTH AFRICA: Obtaining a Protection Order

What is domestic violence? Domestic violence is defined broadly in South Africa to incorporate a wide range domestic relationships. It...

THE RIGHT TO BAIL IN SOUTH AFRICA

What are your rights? Once arrested, the accused must immediately be taken to the nearest police station and be informed of his/her right...

WHY DO YOU NEED A WILL?

WHAT IS A WILL AND WHY IS IT SO IMPORTANT? It is a document in which you ensure that your assets and belongings are distributed in...

WHAT THE COURTS HAVE TO SAY ABOUT YOUR OUTSTANDING TAX DEBT

The High Court of South Africa in Pretoria recently ruled that taxpayers have a right to be notified before the South African Revenue...

APPLYING FOR A TAX COMPROMISE AS A MEANS TO EASING YOUR INDEBTEDNESS

Many individuals and companies have been severely affected by the financial strain of lockdown amidst an already struggling economy. In...

YOUR GUIDE TO RETRENCHMENTS

The economic effects of Covid-19 and the consequent lockdown will affect companies drastically both now and for some time in the future....

ARE YOU OBLIGED TO SEND YOUR CHILD/REN BACK TO SCHOOL ON 01 JUNE 2020?

The President of the Republic of South Africa recorded, in his address to the nation on 24 May 2020, that children will not be forced to...

COVID-19 AND THE NATIONAL LOCKDOWN: THE EFFECT ON YOUR CONTRACTS

1. Introduction In light of the recent outbreak of the COVID-19 virus and the announcement of the State of Disaster and 21...