Dr Samantha Smith holds a BSocSci, LLB, LLM, and PhD (Law) from UCT.  She strategises, plans, and produces STBB’s content across all channels and platforms and works on corporate and marketing collateral.

Pulse | October 2024

Encroaching branches make bad neighbours: A brief overview of legal recourse in arboreal disputes

Consider the following hypothetical scenario: Ten years ago, your neighbour planted several fig trees along the wall bordering your properties. Today, the branches hang over your wall, the leaves litter your yard and clog your gutter, and the roots appear to have lifted some of your paving. What, if any, legal recourse is available?

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Pension Funds Adjudicator dismisses claim that biological twins of deceased sperm donor are entitled to receive death benefits

In a ruling that evinces the contemporary complexities of the family law terrain, the Pension Funds Adjudicator (‘PFA’) recently dismissed a peculiar claim from the mother of a deceased sperm donor’s biological twins against Old Mutual Wealth Retirement Annuity Fund (‘the Fund’), which refused to allocate the deceased’s death benefits – or a percentage thereof – to her children.

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Proposed amendments to JSE Listings Requirements on the cards

The JSE Limited (‘the JSE’), which advocates for enhanced corporate governance and an improvement in companies’ financial disclosure reporting mechanisms, recently published draft amendments to the JSE Listings Requirements (‘the Listings Requirements’).

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Reforming the visa regime: Home Affairs gazettes amendments to Immigration Regulations

Earlier this month, the Department of Home Affairs published the revised – and much anticipated – requirements for obtaining a remote work visitor visa, and introduced a new and innovative points-based system for work visas under the Third Amendment of the Immigration Regulations (‘the Regulations’). The reform of the country’s visa requirements is part of the Government of National Unity’s broader efforts to attract foreign investment and stimulate job creation.

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Ramaphosa refers controversial intellectual property Bills to Con Court

Last week, President Ramaphosa referred the Copyright Amendment Bill and Performers’ Protection Amendment Bill (‘the Bills’) to the Constitutional Court for a ruling on their constitutionality. The Bills, which form part of a growing intellectual property law framework, are the subject of much criticism. Purportedly designed to advance the rights of artists, the Copyright Amendment Bill has, in particular, been persistently criticised by creatives for weakening copyright protection through the inclusion of numerous exceptions. Following extensive parliamentary debates, Ramaphosa previously referred the Bills back to Parliament after expressing reservations about various provisions. Among these reservations is the concern that copyright restrictions imposed by the amending legislation may amount to retrospective and arbitrary deprivations of property, which violates section 25(1) of the Constitution.

Communique: Wills and offshore assets

In an increasingly globalised economy, STBB notes a growing volume of will-related queries from clients with offshore assets. To avoid delays and unexpected costs, our estate planning specialists strongly recommend clients sign a will in each foreign jurisdiction in which they hold assets. Given significant differences in estate administration requirements and processes across countries, it is advisable for clients to consult a competent attorney/solicitor in each jurisdiction to prepare their wills and effectively deal with their offshore assets.

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Legally Speaking: STBB’s commitment to ‘going green’

In our latest podcast episode, Director and family law expert, Shereen Volks, explores STBB’s burgeoning sustainability initiatives and the growing significance of corporate accountability. Detailing the firm’s recycling programmes and shift to electronic documentation, Shereen provides helpful guidance to other corporate entities seeking to enhance their environmental stewardship.

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October webinar: Exploring the sale of shares in residential property-owning companies

In this month’s engaging and highly informative webinar, Directors and commercial law specialists, Adam Ismail and Andreas Tsangarakis, expertly examine the intricacies of selling shares in a residential property-owning company.

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