Maurice Phillips | Wisenberg

Maurice Phillips | Wisenberg What's important to you? We care about that. Professional legal advice with a personal touch.

Many businesses assume their compliance is up to date, but changes in legislation and internal processes can quickly cre...
17/09/2026

Many businesses assume their compliance is up to date, but changes in legislation and internal processes can quickly create gaps. These often go unnoticed until a CCMA matter or inspection arises. Regular labour and employment laws audits ensure your contracts, policies, and procedures remain aligned.

MP|W helps you stay ahead with structured, practical compliance reviews. https://tinyurl.com/msar39pd

14/09/2026

A valid reason alone is not enough to support a dismissal. Employers must follow a fair process, including clear charges, an opportunity to respond, and proper documentation. Without this, decisions can be overturned at the CCMA.

MP|W assists businesses in building structured disciplinary processes that support fair outcomes and reduce legal risk. https://tinyurl.com/msar39pd

In sectional title schemes, special levies must meet strict requirements to be enforceable. They should address urgent, ...
10/09/2026

In sectional title schemes, special levies must meet strict requirements to be enforceable. They should address urgent, unforeseen expenses, not routine maintenance that should have been budgeted for. If a levy feels excessive, unnecessary, or duplicated, it may be open to challenge through CSOS. MP|W helps property owners assess whether a levy is legally defensible and take the right steps if it’s not.

The key is understanding the difference between valid urgency and poor planning: https://tinyurl.com/y9tr23ft

In sectional title schemes, AGM decisions must follow strict legal requirements to be valid. If proper notice wasn’t giv...
07/09/2026

In sectional title schemes, AGM decisions must follow strict legal requirements to be valid. If proper notice wasn’t given, a quorum wasn’t met, or voting didn’t comply with the rules, the resolution can be challenged. This often affects levy increases, special projects, or conduct rules.

MP|W assesses AGM outcomes and assists with CSOS applications to have invalid decisions set aside before they impact you: https://tinyurl.com/y9tr23ft

Not all neighbour disputes should be handled the same way. Building line violations are often best addressed through mun...
03/09/2026

Not all neighbour disputes should be handled the same way. Building line violations are often best addressed through municipal enforcement, sectional title conduct issues through CSOS, and urgent or ongoing harm through court interdicts. Choosing the wrong route can delay resolution and increase costs.

MP|W helps property owners assess the situation early and take the most effective legal path from the start. https://tinyurl.com/y9tr23ft

Vague or poorly drafted warnings are easy to challenge. A valid warning must clearly state the incident, the rule breach...
27/08/2026

Vague or poorly drafted warnings are easy to challenge. A valid warning must clearly state the incident, the rule breached, what improvement is required, and the consequences of failing to comply. Without this, employers risk claims of unfair labour practices. MP|W helps businesses implement structured, compliant warning systems that support fair discipline.

Precision in wording can make or break your case: https://tinyurl.com/3kzvj52u

Suspension is appropriate in situations involving serious misconduct, such as fraud, harassment, or where an employee ma...
24/08/2026

Suspension is appropriate in situations involving serious misconduct, such as fraud, harassment, or where an employee may interfere with an investigation or pose a workplace risk. It should be on full pay, justified, and limited to what is necessary. When applied incorrectly or allowed to drag on, it can lead to compensation claims.

MP|W helps employers apply suspension properly, protecting both the process and the business: https://tinyurl.com/3kzvj52u

Under SPLUMA, objecting to a neighbour’s rezoning application is a right, but one that expires quickly and demands more ...
20/08/2026

Under SPLUMA, objecting to a neighbour’s rezoning application is a right, but one that expires quickly and demands more than a letter expressing concern. Objections must be submitted within 28 days of public notice, grounded in specific, provable impacts such as traffic congestion or privacy interference, and supported by technical evidence like studies or plans. Vague, emotional, or late submissions are routinely dismissed by tribunals without consideration.

MP|W assists residents and community organisations in preparing SPLUMA-compliant objections that are evidence-based and built to withstand the applicant’s technical reply: https://tinyurl.com/4n5n833n

Building line encroachments are increasingly common in high-density suburbs, but the law gives affected property owners ...
17/08/2026

Building line encroachments are increasingly common in high-density suburbs, but the law gives affected property owners real options. Your first and most cost-effective step is reporting the violation to the municipality’s planning department. If confirmed, they can compel removal without any court involvement. Courts remain a powerful fallback, ordering demolition or compensation, but realistic outcomes often favour negotiation or municipal action first.

MP|W helps property owners take the correct steps, from lodging the right complaint to pursuing litigation when necessary: https://tinyurl.com/4n5n833n

When does the warranty clock really start?Discovering a defect in your new home does not necessarily mean the prescripti...
14/08/2026

When does the warranty clock really start?

Discovering a defect in your new home does not necessarily mean the prescription clock has already started ticking.

In a recent Supreme Court of Appeal judgment, the Court confirmed that a homeowner’s claim for breach of the statutory home builder’s warranty only starts prescribing once the builder has been given a reasonable opportunity to repair the defects and has failed or refused to do so.

The distinction matters for homeowners, builders and property developers alike, particularly where repair work continues over an extended period.

Antony Arvan looks at the judgment, what the Court decided and its practical implications for defect claims.

Read the full article here: https://tinyurl.com/home-builders-warranty

A homeowner's claim for breach of the statutory home builder's warranty only starts prescribing once the builder has been given a fair chance to repair the defects and has failed or refused to do so — not from the moment the defects are first discovered.

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