Guthrie Colananni Attorneys

Guthrie Colananni Attorneys GC Attorneys is a high performance firm managed by Craig Guthrie, Lara Colananni, Renee Naidoo and Jackie Glen

Reckless Lending: You Could Lose Everything Lending money without proper compliance can cost you everything ⚖️💸A recent ...
18/06/2026

Reckless Lending: You Could Lose Everything

Lending money without proper compliance can cost you everything ⚖️💸
A recent High Court judgment is a stark warning to lenders: failing to comply with the National Credit Act can leave your loan invalid, unenforceable, or declared reckless — with devastating financial consequences.
Whether it’s failing to register as a credit provider when required, or granting credit without a proper affordability assessment, the risks are enormous. Good intentions and future repayment hopes are not enough — lenders must assess affordability based on current financial reality, not speculation.
The key lesson? Before you lend, protect yourself with proper legal compliance, sound credit assessments, and clear documentation. In lending, prevention is far cheaper than litigation.
Read more:
Reckless Lending: You Could Lose Everything - Guthrie Colananni Attorneys

She Fell Out of a Safari Vehicle: When Disclaimers FailFine print alone won’t always protect a business ⚖️📄A recent Supr...
16/06/2026

She Fell Out of a Safari Vehicle: When Disclaimers Fail

Fine print alone won’t always protect a business ⚖️📄
A recent Supreme Court of Appeal judgment is a powerful reminder that disclaimers and indemnities are only enforceable when they are properly communicated, clearly understood, and personally agreed to. Hidden clauses, vague wording, or consent given by someone else on your behalf may not hold up in court.
For businesses, indemnity forms are not just paperwork — they require transparency, legal compliance, and sound safety practices. For consumers, your rights to safety and informed consent cannot easily be signed away.
The key takeaway? A disclaimer is only as strong as the process behind it. Clear notice, proper consent, and fair wording matter.
Read more:
She Fell Out of a Safari Vehicle: When Disclaimers Fail - Guthrie Colananni Attorneys

Bad Manager or Workplace Bully? Where the Law Draws the LineA difficult boss doesn’t automatically equal unlawful harass...
11/06/2026

Bad Manager or Workplace Bully? Where the Law Draws the Line

A difficult boss doesn’t automatically equal unlawful harassment ⚖️💼
A recent Labour Court judgment highlights an important distinction: not every unpleasant workplace experience qualifies as harassment under the Employment Equity Act. Management decisions may feel unfair or frustrating, but for conduct to be legally considered harassment, it must objectively impair dignity, create a hostile environment, and be linked to a prohibited or arbitrary ground.
The key lesson? Workplace dissatisfaction and unlawful discrimination are not the same thing. For employers, fair, transparent, and rational decision-making remains essential. For employees, understanding the correct legal framework can make all the difference.
Knowing where the legal line is drawn between tough management and unlawful conduct is crucial for protecting your rights at work.
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Bad Manager or Workplace Bully? Where the Law Draws the Line - Guthrie Colananni Attorneys

Community living thrives when rights and responsibilities are balanced ⚖️🏡A recent Supreme Court of Appeal ruling remind...
09/06/2026

Community living thrives when rights and responsibilities are balanced ⚖️🏡
A recent Supreme Court of Appeal ruling reminds us that while complex rules are essential for harmony, fairness and reasonable accommodation matter just as much. Bodies corporate and HOAs must enforce conduct rules consistently — but not so rigidly that they undermine dignity, equality, or constitutional rights.
The key takeaway? Good governance means balancing community standards with compassion, especially when accommodating persons with disabilities.
Whether you’re a homeowner, investor, trustee, or HOA, understanding your rights and obligations is essential to protecting both property values and people.
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Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else - Guthrie Colananni Attorneys

Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?🏡 Selling your home? You could now sav...
19/05/2026

Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?

🏡 Selling your home? You could now save more on tax.
Here’s what Budget 2026 means for property owners 👇
1️⃣ Bigger CGT relief for homeowners
The primary residence CGT exclusion has increased from R2 million to R3 million for the first time since 2012.
2️⃣ More of your profit stays yours
When selling your primary residence, the first R3 million in capital gains is now tax free.
3️⃣ Higher annual CGT exclusions
Individuals now enjoy a 25% increase (from R40 000 to R50 000).
4️⃣ Estate planning benefits too
For deceased estates, the annual CGT exclusion jumps 47% (from R300 000 to R440 000).
5️⃣ Transfer duty relief remains
No transfer duty is payable on properties costing R1 210 000 or less.
6️⃣ Bracket creep relief eases pressure
Tax brackets and rebates have been inflation adjusted, helping salary earners avoid fiscal drag.
7️⃣ Plan before you sell or buy
Understanding these changes can significantly improve your net outcome—timing and advice matter.
💡 Thinking of selling or buying? Knowing the tax impact upfront can make a big difference.
Read more:
Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You? - Guthrie Colananni Attorneys

Beyond Your Will: Leaving a Legacy🌱 Leave a personal legacy – not just a financial one. Estate planning is about far mor...
14/05/2026

Beyond Your Will: Leaving a Legacy

🌱 Leave a personal legacy – not just a financial one.
Estate planning is about far more than assets. Here’s how to create a legacy that truly lasts
1️⃣ Your legacy is more than money
A will distributes wealth, but sharing your values, stories and wisdom can shape generations.
2️⃣ Define what your family stands for
A simple, collaborative family mission statement helps anchor your legacy in shared values and purpose.
3️⃣ Involve everyone in the conversation
Openly discussing your estate plans builds understanding, alignment and peace of mind for loved ones.
4️⃣ Explain the “why”, not just the “what”
Sharing your vision behind bequests reduces future conflict and uncertainty.
5️⃣ Write a legacy letter
Separate from your will, this personal letter passes on life lessons, family history, hopes and principles.
6️⃣ Preserve both wealth and meaning
Proper planning helps heirs value, protect and steward what they inherit—financially and emotionally.
7️⃣ Bring it all together with sound planning
A valid will, updated estate plan, practical guidance for executors and a heartfelt legacy letter ensure a complete legacy.
✨ True wealth isn’t just what you leave behind—it’s what you pass on.
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Beyond Your Will: Leaving a Legacy - Guthrie Colananni Attorneys

Considering Using Sequestration to Recover Levies? Think Again⚠️ Unpaid levies are frustrating – but sequestration isn’t...
12/05/2026

Considering Using Sequestration to Recover Levies? Think Again

⚠️ Unpaid levies are frustrating – but sequestration isn’t a shortcut.
Here’s what body corporates need to know
1️⃣ Levy arrears are a common challenge
When owners fall behind, legal costs escalate and pressure mounts to act decisively.
2️⃣ Sequestration may look attractive—but it’s risky
Declaring an owner insolvent is not a simple debt collection tool.
3️⃣ Courts apply strict legal tests
Under the Insolvency Act, sequestration is only granted if it benefits all creditors—not just one.
4️⃣ A large debt alone is not enough
Even arrears exceeding R1.4 million failed to justify sequestration in a recent High Court case.
5️⃣ Sequestration is a collective remedy
It exists to fairly distribute an insolvent estate, not to punish debtors or force payment.
6️⃣ Using sequestration as leverage can backfire
Courts will reject applications where the real aim is debt recovery rather than insolvency administration.
7️⃣ Other remedies may be more effective
Judgment and ex*****on, attachment of income, or sale in ex*****on are often better suited to levy recovery.
✅ Bottom line: Sequestration is a last resort. Careful legal strategy matters—get the right advice before choosing your remedy.
Read more:
Considering Using Sequestration to Recover Levies? Think Again - Guthrie Colananni Attorneys

Director Delinquency Declarations: Managing Your Risk Here’s what every company director needs to know 1️⃣ Directors are...
07/05/2026

Director Delinquency Declarations: Managing Your Risk

Here’s what every company director needs to know
1️⃣ Directors are held to a high legal standard
The Companies Act places strict fiduciary and governance duties on directors.
2️⃣ Misconduct has severe consequences
Serious breaches can result in being declared a delinquent director.
3️⃣ Delinquency is a long term career risk
Disqualification can range from 7 years to a lifetime from holding directorships or senior executive roles.
4️⃣ Even lesser misconduct carries penalties
Probation orders may include temporary disqualification, supervision, remedial training, community service or compensation.
5️⃣ Recent cases show the courts mean business
One MD was declared delinquent for 7 years and ordered to pay R78 million in damages for gross negligence and breach of fiduciary duties.
6️⃣ Governance failures won’t be excused
Another director was disqualified for showing “blithe disrespect” for corporate governance and shareholder rights.
7️⃣ Your best protection is proactive compliance
Understand your duties, act transparently, maintain proper oversight and seek legal advice early.
✅ Knowledge, diligence and good governance are not optional – they are your strongest defence.
Read more:
Director Delinquency Declarations: Managing Your Risk - Guthrie Colananni Attorneys

Buying a House: What Costs Will You Pay, and When?Thinking of buying a home in 2026? Before you put pen to paper, here’s...
05/05/2026

Buying a House: What Costs Will You Pay, and When?

Thinking of buying a home in 2026? Before you put pen to paper, here’s what every buyer should budget for 👇
1️⃣ Market confidence is high
With interest and home loan rates at their lowest since 2022, SA’s property confidence hit a record 87% at the end of 2025.
2️⃣ Budget 2026 brings good news
A stronger economic outlook and a 50% increase in the primary residence CGT exclusion could stimulate more property sales.
3️⃣ The purchase price isn’t the full cost
Deposits, transfer duty, legal fees, bond registration and clearance certificates can add up quickly.
4️⃣ Some costs come before transfer
Think deposit, bond initiation fees, insurance premiums, transfer duty, attorney fees, municipal and levy clearances.
5️⃣ Others continue every month
Bond repayments, rates, levies, utilities and insurance all form part of your ongoing cash flow.
6️⃣ Plan for once off extras
Moving costs, renovations, repairs, furniture or garden upgrades should be budgeted upfront.
7️⃣ A proper cash flow forecast is essential
Careful planning helps you avoid financial stress, breaches of contract—or worse, a cancelled sale.
🏡 Planning properly means buying with confidence. If you need help building a cash flow forecast or understanding your true costs, we’re here to help.
Read more:
Buying a House: What Costs Will You Pay, and When? - Guthrie Colananni Attorneys

From 1 March 2026, the National Minimum Wage has increased by 5%, rising from R28.79 to R30.23 per hour. 📈For domestic w...
14/04/2026

From 1 March 2026, the National Minimum Wage has increased by 5%, rising from R28.79 to R30.23 per hour. 📈
For domestic workers, this equates to approximately R241.84 per day or R5,320.48 per month, based on a standard work schedule of 22 days at 8 hours per day. While this is the legal minimum, employers are encouraged to consider whether their employees are earning enough to meet the basic cost of living.
Understanding wage regulations is essential for both employers and employees to ensure compliance with labour law and fair compensation practices.
Read more:
Effective 1 March 2026: New National Minimum Wage - Guthrie Colananni Attorneys
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Klein Steenberg
7945

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