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Wessels & Van Zyl Attorneys Newsletter     |    August 2015
 
 
 
 
 
 
 
 
 
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Boundary Wars: What To Do With An Encroaching Neighbour
You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it?

No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment.  But if instead you come to blows and end up in court, what will the outcome be?  Regrettably, as a recent Supreme Court of Appeal (SCA) case shows, there is no easy answer to that question, hence the practical advice at the end of this article.
 
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Garnishee Orders - Are 2 Million Of Them Now Invalid? An Action Plan For Employers, Creditors And Debtors
“The ability of people to earn an income and support themselves and their families is central to the right to human dignity” (Extract from judgment below)

“Garnishee” orders (more properly “Emoluments Attachment Orders” or EAOs) are often used by creditors to attach a debtor’s earnings.  The debtor’s employer is served with a court order to deduct specified amounts from the debtor’s salary or wages.  The employer pays those deductions over to the creditor until the debt and legal costs are settled in full.
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Tax Season Starts 1 July: Your Deadlines
Tax Season for individuals and trusts is upon us once again.

Your important dates for filing your ITR12 Tax Return for the period 1 March 2014 to 28 February 2015 are -
  • 30 September 2015: Manual submissions, or

  • 27 November 2015: Returns submitted via eFiling or electronically through the assistance of a SARS official at an office of SARS, or

  • 29 January 2016: Provisional taxpayers via eFiling.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Employers, Employees: Earnings Threshold Unchanged
Overtime limits and pay, working hours regulation, meal intervals, rest periods, night, Sunday and Public Holiday work – these are some of the basic protections and benefits in terms of the Basic Conditions of Employment Act (BCEA) which don’t apply to employees whose earnings exceed a specified threshold.
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POPI: Don’t Panic!
Almost every business in South Africa will be affected by POPI (the Protection of Personal Information Act), but don’t be misled by the many articles and media reports doing the rounds that imply you are at immediate risk of non-compliance.  No general commencement date has yet been set, and even when it is, we will still have at least a full year thereafter to comply.
 
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The August Website: Online Learning For Entrepreneurs
If you own a small business, if winter’s chill means less time in the Great Outdoors and more time indoors, and if you don’t want to waste a golden opportunity to grow your business savvy – then start mining the treasure trove of educational resources available to us all on the Internet.
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Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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