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Kramer Villion Norris - KVN August 2018
 
 
 
Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?
 
As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do?

Sometimes it makes sense to apply for the debtor’s sequestration (just the threat of that has been known to scare even the hardiest of debtors into paying up!) - but beware the ‘danger of contribution’.

We discuss what that is, and analyse a case in which a Body Corporate must (adding insult to injury) pay into the sequestration costs because it was the ‘petitioning creditor’.
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Suing Your Security Company: The Case of a Burgled Butchery  
 
 
Property Scams – Beware (Cyber) Wolves in Sheep’s Clothing!  
 
 
Lending Money Repayable “On Demand”: Beware Prescription!  
 
 
 
 
 
 
 
 
 
 
 
With crime levels as they are, more and more of us rely on private security companies to protect us from the criminal elements that besiege us both at home and at work.

What happens though when your security company lets you down? Can you sue?

We discuss a case in which a butchery was burgled by a safe-cracking gang armed with angle grinders. The Court had to decide whether the security company’s response to an alarm activation in the butchery’s roof was negligent or not, and if so whether the exemption clauses in the company’s contract protected it from liability.
 
 
 
“Wolves in sheep’s clothing” have been around since the dawn of civilization and in today’s world they lurk in every corner of the Internet, lying in wait for the unwary.

You become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that.

So let’s have a look at how these cyber-scams work, at how you can protect yourself from them and at how, no matter how much security the transferring attorneys may have on their side, you need to be constantly on guard so that the “the weakest link” is never you …
 
 
 
Making a loan repayable “on demand” is common amongst family members; think for example of parents making a loan to their student daughter, or of her lending money to a parent in need. It’s also used for loans between related businesses.

But what does “on demand” really mean? Does it mean that the loan is made on a “never-never” basis, or that the money is due to you from Day 1 but you can choose when to reclaim it? And when does prescription start its “deadly trudge” towards making your loan irrecoverable? 

A Constitutional Court judgment illustrates…
 
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Your Website of the Month: What’s Your New Tax Return Deadline?
 
SARS has announced new deadlines for the 2018 Tax Season. But do you even need to file an income tax return? If you do, what’s your deadline? Are you a provisional tax payer? Are you struggling to register on eFiling? 

Find the answers to all these questions and more on SARS’ “Tax Season 2018 For Individuals” page here, but with this word of warning – even if you aren’t technically required to lodge a return, make sure you aren’t losing out on something by not doing so, like a tax refund or the ability to prove your “Tax Compliance Status”.  Remember also that when you’re dealing with tax, the cost of getting anything wrong is high, so don’t be “Penny Wise, Pound Foolish” - seek professional advice and assistance in the slightest doubt!
 
 
 
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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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