Maurice Phillips | Wisenberg

03/08/2026

When levy arrears climb, body corporates feel pressure to act fast and act hard. Sequestration often looks like the strongest option on the table. But courts are clear, it is not there to force payment. If the legal requirements are not met, the application will fail, no matter the size of the debt. MP|W helps body corporates assess the right recovery strategy before taking action.

Read more: https://tinyurl.com/ezxs6z9h

27/07/2026

Special levies are meant for urgent or unplanned expenses, not poor budgeting. When they are raised, there must be a clear reason and a proper resolution behind them. Owners are often told to pay first and question later, but that’s not how the law works. There are limits to what can be imposed and how it is calculated. MP|W advises on when a special levy stands and when it can be challenged.

Read more: https://tinyurl.com/yc5nemfm

23/07/2026

AI is changing how businesses operate, but it cannot simply be rolled out without a process. If systems affect roles, responsibilities, or job security, employees must be consulted. Skipping this step opens the door to disputes under the Labour Relations Act. Many employers underestimate how far this obligation extends. MP|W advises on how to introduce new technology without exposing your business to legal risk.

Read more: https://tinyurl.com/544fwcsn

20/07/2026

Owning valuable property does not guarantee liquidity in an estate. Executors must still settle estate duty, administration costs, and creditor claims, often before assets can be transferred. Without available cash, heirs may be forced to sell property or contribute funds. MP|W helps structure estates to avoid these shortfalls and manage financial obligations effectively.

Liquidity planning is just as important as asset accumulation: https://tinyurl.com/2km8rb9k

16/07/2026

Designated employers, those with 50+ employees, municipalities/organs of state, or bound by collective agreements, must hold quarterly Employment Equity Committee (EEC) consultations to review workforce profiles, set numerical targets, and track transformation progress under the Employment Equity Act amendments. Skipping or poorly documented meetings risks CCMA disputes, compliance order fines up to 10% of turnover, or blocked B-BBEE certificates, especially with 2026 sectoral targets now enforced. MP|W provides expert EE consulting support to structure compliant meetings, draft minutes, and align plans with DoEL inspections.

Ensure your reporting is defensible: https://tinyurl.com/3es2ze8d

14/07/2026

A convincing invoice, familiar email thread and payment made in good faith may not be enough when banking details have been intercepted and replaced by a fraudster.

In Intengo Imoto v Zoutpansberg Motor Wholesalers, the Supreme Court of Appeal confirmed that an EFT obligation is only discharged once the money reaches the creditor’s correct bank account.

This means the paying party generally carries the risk when banking details are intercepted or fraudulently changed. A payment to a hacker may be unrecoverable, while the original amount remains due to the legitimate supplier.

Antony Arvan explains the judgment, where the burden of proof lies and the verification steps businesses should take before authorising payment.

Read the full article: https://bit.ly/4fvjppv

A problem that we are regularly contacted about or hear about relates to payments made by parties into the incorrect bank account. The most common scenario is that a consumer/ purchaser receives an email attached to an invoice from a supplier/ seller for payment little knowing that the email has bee...

13/07/2026

For employers in construction, safety violations must be addressed as misconduct under OHS requirements. Minor breaches may warrant counselling or warnings, but serious incidents require formal investigation and proper documentation. Inconsistent enforcement or rushed decisions can weaken your case at the CCMA. MP|W assists employers in structuring fair, defensible disciplinary processes aligned with current safety regulations.

The objective is clear: enforce site safety while protecting your business from legal exposure: https://tinyurl.com/3es2ze8d

09/07/2026

Winter absenteeism often raises one key question: incapacity or misconduct? Genuine illness is treated as incapacity and must be managed through a fair process, including medical evidence and considering alternatives before dismissal. In contrast, repeated unexplained absences or failure to provide valid proof may be treated as misconduct and handled through disciplinary action.

Getting this distinction right helps you act fairly and avoid CCMA disputes: https://tinyurl.com/3es2ze8d

06/07/2026

If your sectional title scheme has properly adopted conduct rules restricting short-term lettings via special resolution and filed them with CSOS, those rules are legally enforceable. Body corporates can ban Airbnb outright, impose minimum stay periods, or regulate guest behaviour, and courts have consistently upheld these rules against non-compliant owners regardless of municipal zoning permissions. In 2026, enforcement by body corporates and municipalities has increased, putting owners of unapproved short-term rentals at real legal risk.

MP|W advises both body corporates on enforcement and owners on compliance before disputes escalate: https://tinyurl.com/msxrnhjz

02/07/2026

Under South Africa’s National Heritage Resources Act, authorities like SAHRA and Heritage Western Cape can issue a mandatory repair order compelling you to restore a protected property, whether you’re ready or not. These orders target formally protected Grade I and II sites, and the consequences of ignoring one are severe: the authority can appoint its own contractors and send you the full bill as a civil debt. At MP|W, we advise heritage property owners on exactly what these notices mean and how to respond strategically.

Don’t wait for a deadline to pass before getting the right legal guidance: https://tinyurl.com/msxrnhjz