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In these hard times, you may well be faced with a situation where your tenant is liquidated (“sequestrated” in the case of an individual or trust, “liquidated” or “wound up” in the case of a company). If that happens, what are your rights and how do you manage them?
A recent Supreme Court of Appeal decision illustrates the principles involved.
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You go shopping and as you walk down a supermarket aisle you slip on a wet and slippery patch of floor, injuring yourself. Do you have a claim against the store for your damages?
You do indeed, but only if you can show that the store and its employees were negligent. In a case recently decided by the Supreme Court of Appeal, a shopper sued a store for her injuries after she slipped on a section of floor left damp by a cleaner who had mopped the floor in a routine cleaning operation during a busy period in the store. Importantly, although there was a pertinent warning sign, it was beyond the point where she fell.
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“It's about dialoguing with them [small businesses] to see where the challenges are” (Lindiwe Zulu, newly-appointed Small Business Development Minister)
SAICA (the South African Institute of Chartered Accountants) has just commissioned a comprehensive SME research project to try and understand what is required to make SMEs thrive in South Africa. If you haven’t already completed the survey, you can do so by going to this link: https://www.surveymonkey.com/s/SAICA_SME_Research.
15 minutes of your time is all it will take. And it will be time well spent - the research will be used to lobby government to take concrete action to address the concerns of SMEs and the timing is perfect with the recent appointment of a Small Business Development Minister who is clearly keen to engage with SMEs.
Note that the closing date for the survey is 11 July.
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