AVDM Attorneys

19/10/2026

The Hidden Cost of a Fake CV: Dishonesty Can Destroy Your Career and Finances
A CV containing exaggerated achievements, fabricated qualifications or misleading employment information may help secure a job, but the consequences can extend beyond dismissal to financial liability, reputational damage and even imprisonment.

Two South African cases involving former Victoria & Alfred (V&A) Waterfront Chief Information Officer Sibongiseni Thotsejane and Corana Junior School teacher Lunga Nkrumah Sivuku illustrate the serious consequences of fraudulent misrepresentation.

The Financial Consequences of a Misleading CV
The Court found that the V&A Waterfront appointed Thotsejane based on misleading information about her qualifications and employment history. She claimed to have worked for several prominent companies and a university, without disclosing that she had been dismissed for misconduct twice and that another employment relationship had ended due to incapacity.
She also misrepresented an alleged salary offer from the Cape Peninsula University of Technology (CPUT), prompting the employer to offer her a higher salary than initially intended.

The Court concluded that the employer had been induced to employ her through fraudulent misrepresentations. Thotsejane was ordered to pay R1,031,237.46 in damages, as well as interest and the employer’s legal costs on an attorney-and-client scale. This was in addition to other damages relating to third parties who had been paid for services they failed to deliver.
The case demonstrates that dishonest CV claims can result in substantial financial liability when they cause an employer loss.

False Qualifications Can Lead to Imprisonment
On 13 October 2026, the Mthatha Specialised Commercial Crimes Court sentenced 45-year-old Lunga Nkrumah Sivuku to eight years’ direct imprisonment without the option of a fine after he pleaded guilty to fraud, forgery and uttering.
The case followed a 2020 tip-off that prompted the Hawks’ Serious Corruption Investigation unit in Komani to investigate his qualifications. Sivuku had used a fraudulent Bachelor of Education degree to obtain employment as a teacher at Corana Junior School.

His sentence highlights the serious criminal consequences of deliberately using fraudulent academic qualifications to secure employment.
AI and CV-Writing Services: An Additional Risk
Although AI tools and third-party CV-writing services were not relevant to the specific facts of the Thotsejane case, they present additional risks. While these services can improve a CV’s structure and presentation, they may introduce exaggerated achievements, fabricated performance figures, inaccurate job titles or misleading employment details.

Candidates remain responsible for verifying every claim submitted in their names, regardless of who or what prepared the CV.

Generic CVs filled with impressive-sounding language but lacking specific, verifiable evidence can also undermine credibility. Employers value genuine skills, relevant experience and measurable achievements—not claims that cannot withstand scrutiny.

Written by Attorney Annetjie Pienewald

Have a problem, we can help you.

Contact AVDM Attorneys today 010 597 7720

14/10/2026

Your Spouse Owns a Small Business. But What Happens If They Die?
Starting a small business with a friend, family member or business partner is exciting. You focus on building the business, making money and securing your family’s future.
But have you ever stopped to ask: What happens to your share of the business if you die? And what happens to your spouse?

Many people assume that if their Will says everything they own must go to their spouse, their spouse will automatically inherit their shares in the business.

Unfortunately, it may not be that simple.

When your spouse is left out in the cold
Imagine your husband starts a business with two partners. Each owns one-third of the business, which is eventually worth R15 million.
Your husband’s share is worth approximately R5 million.

If he dies, you might reasonably expect to inherit that share because you are his spouse and his Will leaves everything to you.

But what if the business partners do not want you involved in the business? What if they do not want you as a shareholder? Or what if they simply tell you that the business is none of your concern?
You may have inherited a right to something of value, but how do you access that value? Can you sell the shares? Must the remaining partners buy them? How will the price be determined?
A Will alone may not answer these questions or guarantee that you receive the money you expect.

“It’s our business. You don’t need to get involved.”
This is where things can become uncomfortable. Your spouse and their partners may have spent years building the business together. They may feel that the business is their territory and that spouses should stay out of it.

You may not want to run the business, attend meetings or interfere in their decisions. You simply want to know that if your spouse dies, your family will be treated fairly and the value built up over the years will not be lost.

That is a reasonable concern, and you should not have to start asking difficult questions for the first time when you are grieving, dealing with an estate and trying to protect your family financially.

The solution is to plan before there is a crisis
Business partners can enter into a buy-and-sell agreement that sets out what happens to a partner’s shares when they die. Depending on how the agreement is structured, the surviving partners may be required to buy the deceased partner’s shares, allowing the business to continue while the estate receives the agreed purchase price.
Life insurance can provide the money needed to fund that purchase.

But these arrangements must be properly drafted, adequately funded and reviewed as the business grows. It is also important to understand how the agreement interacts with the Will and other applicable legal requirements.

What should you do before signing up for a business?
If you are starting a business with other people, discuss these questions while everyone is still alive, healthy and on good terms:
What happens to my shares if I die?
Will my spouse inherit the shares, or will they be sold to the remaining partners?
How will the value of my shares be calculated?
Where will the money come from to pay my estate?
Is there a written agreement, and is there enough insurance to fund it?

And if you are the spouse of someone starting a business, do not be afraid to ask how your family will be protected. You do not need to be involved in running the business, but you should understand the arrangements that could affect your financial future.

The important message is this: do not assume that because your spouse owns a business, or has left everything to you in their Will, you will automatically receive the value of their shares.

Because when a loved one dies, the last thing a family should have to discover is that nobody planned for what happens next.
Discuss it now with us and get the agreements in writing.

Contact us on 010 597 7720

07/10/2026

28/09/2026

When a Disagreement About a Contract Does Not Mean There Was No Contract

Introduction

The judgment in Christopher Howe Cole v Talacar Holding (Pty) Ltd provides an important reminder that a later disagreement between contracting parties does not necessarily mean that there was no consensus when the contract was concluded.
The dispute arose from the purchase of a property in Sandhurst, Johannesburg, for R135 million. The purchaser, Christopher Cole, signed an offer to purchase which contained clause 20.2. The clause permitted him to cancel the agreement if an inspection revealed structural defects or other defects that were unacceptable to him.

After the offer was accepted, Cole purported to cancel the agreement. His attorney argued that the purchaser had a discretion to cancel where he regarded a defect as unacceptable.

The seller disagreed and maintained that the discretion did not amount to an unrestricted right to walk away from the transaction.

The argument about consensus

Cole argued that there had never been genuine consensus between the parties regarding the second part of clause 20.2. He relied particularly on correspondence exchanged after the cancellation, in which the seller's representative expressed the view that the discretion related only to structural defects.

The court rejected this argument.
Winde ll J emphasised the objective approach to contractual formation. The question is not what a party privately thought, but what the parties objectively manifested when the agreement was concluded.

Importantly, the disputed emails were exchanged after the contract had already been concluded and after the cancellation had been attempted. They therefore demonstrated a disagreement about the interpretation of the clause, rather than proving that the parties had never agreed to the clause in the first place.

The significance of the decision
The judgment illustrates the importance of distinguishing between lack of consensus and disagreement about interpretation.
Two parties may sign a contract and later disagree profoundly about what a particular clause means. That disagreement does not automatically render the contract void.

The court's approach also reflects the commercial importance of certainty in contractual relationships. If every subsequent disagreement about contractual wording could be used to argue that there was never consensus, the enforceability of written agreements would be seriously undermined.

The lesson is straightforward: a party cannot ordinarily transform a later dispute about interpretation into an argument that the contract never existed.

Article written by Attorney Annetjie Pienewald at AVDM Attorneys.

If you have a dispute about a contract any of our Attorneys can you help contact us today!!!!!!!!!
010 597 7720

18/09/2026

In Memory and Solidarity 🖤

Today, we wear black in remembrance of the women whose lives were tragically lost in Kempton Park, but not only for them. We stand in solidarity with all those in this beautiful country who suffer at the hands of violence and crime.

Our hearts are deeply saddened by their deaths, and we extend our sincere condolences to their families, loved ones and all those affected by this devastating loss.

As a law firm, we stand in solidarity with those who mourn and affirm the importance of justice, accountability and the protection of every person’s right to live free from violence.

We remember the lives lost. We stand with their families. We believe in justice and due process.

16/09/2026

After marriage is about, but also comes with important financial decisions. Make sure you understand your marraige property options before your big day.

Contact us before you say "I do" and make informed decisions about you future.

010 597 7720

, ,

13/09/2026

"Coparenting rule no.1: It's not about who is right, it's about what is right for the child. Keep the communication open, keep the arguing offline, and keep showing up. Our kids are watching. Let's do better for them. 💪🏽👨‍👩‍👧

Contact us on 010 597 7720

07/06/2026

"Debt driving you mad?" 😫
Voluntary Sequestration works.
Call Alice: 067 401 4959
AVDMD Attorneys