Kloppers Inc. Podcast

Big changes are here for South African employers. As of 1 January 2025 , the Employment Equity Amendment Act (EEA) officially took effect, reshaping how businesses approach equity, compliance, and state contracting. In this episode, we unpack what every employer — especially small and medium-sized businesses — needs to know about the new rules. We explore: How the definition of designated employer...

As conversations around data privacy grow louder, South Africa's Protection of Personal Information Act (POPIA) is back in the spotlight — this time focusing on one of the most sensitive categories of personal data: health and sex life information. In this episode, we unpack the new draft Regulations to POPIA , which propose updates to how this data can be collected, processed, and shared. We expl...

Amendments to the Trust Property Control Act require trusts to report beneficial ownership (BO) details to the Master of the High Court via an electronic platform, with penalties for non-compliance of up to R10 million or five years' imprisonment . However, dormant or deregistered trusts are exempt but must file a declaration confirming their status. If reactivated, such trusts must then comply wi...

Under Section 197 of the Labour Relations Act (LRA) , when a business is sold as a going concern , employees' contracts transfer automatically to the new employer, preserving rights, obligations, and continuity of service. The Labour Appeal Court case of Africa Online Operations v Scanlon (2024) reaffirmed these protections, even in cases of liquidation, provided business operations continue. Empl...

In this episode, we unpack three major legal and regulatory developments shaping South Africa's business and property landscape. First, we explore the Deeds Registries Amendment Act of 2024 , a landmark step towards modernising the land registration system. From clarifying technical ambiguities to introducing penalties for unauthorised transactions, the Act lays the groundwork for a fully electron...

In this episode, we dive into the taxation of capital gains in multi-tiered trust structures, focusing on the Constitutional Court's landmark Thistle Trust v SARS case. We explain how the Conduit Principle usually allows income or gains to flow through to beneficiaries, reducing tax liability, but highlight the limits when one trust distributes gains to another. The Court confirmed that only the f...

In this episode, we explore whether a parent can challenge or vary a maintenance order when they are already in arrears. We discuss the duty to support children under the Maintenance Act, the different types of maintenance orders, and the common challenges faced when financial circumstances change. We explain why applications for variation are generally barred if arrears exist, with only limited e...

In this episode, we unpack whether a sale in execution can move forward while an appeal is still pending. We explain the general rule of suspension during appeals, the role of the sheriff in executing judgments, and the exceptions provided in both the Superior Courts Act and the Magistrates Courts Act. Listeners will gain clarity on when courts may permit execution to proceed, the importance of pr...