LATEST ARTICLES

March 9, 2017

Applying for a variation of a maintenance order: Reduction

Sabina Chivasa The case of Strydom vs Strydom provides us with some guidance with regards to applying for a variation of a maintenance order to reduce the amount payable. In the above-mentioned case, the Honourable Judge stated that the crux of the matter was whether the appellant was financially able to pay the maintenance demanded […]

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March 8, 2017

Property & Tax Guide 2017/2018

This guide is an easy reference, pocket-sized overview of the South African Tax System and residential property, incorporating announcements made in the Budget delivered on 22 February 2017. Click here to download. Click here to view online.

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March 6, 2017

The Credit Granting Process

Arno Bosch We have had many queries relating to the credit granting process, both from a consumer’s perspective and from a credit provider’s prospective. Recent amendments to the National Credit Act have made the process a bit more cumbersome but certain obligatory inclusions have been made to protect both the consumer and the credit provider. […]

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March 3, 2017

Can an oral agreement carry as much weight as a written agreement?

FRANK SETATI According to the long-standing Shifren principle, an oral variation of a written agreement (made an order of the court) is rendered invalid if the written agreement includes a non-variation clause. The principle was established and entrenched in the Appellate decision of Shifren and Others v SA Sentrale Ko-op Graanmaatskappy Bpk 163 (2) SA […]

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February 28, 2017

Facebook Messenger: You’ve been served!

Almie Fourie Some of you may not know this, but South African law joined the social media revolution as far back 2012! Amendments to the  High Court Rules during July 2012 brought about an extension to Chapter 3 of the Electronic Communications and Transactions Act (the ECTA), providing for service of court documents on litigants […]

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February 21, 2017

What is an employee’s right to representation at a disciplinary hearing?

James Bush South African Labour Law is a fine example of legislation which protects two parties (in this case, the employer and the employee) equally. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. This delicate balance becomes slightly complicated when Trade Unions, purporting to act in […]

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February 14, 2017

More significant changes to the Micro Finance Industry to come

Arno Bosch Everyone involved in the granting of credit would be well aware of the so called MFSA (Micro Finance South Africa) Rates and Fees court case that has been ongoing for the last couple of years, where the MFSA sought the review of the Regulations published by the DTI dealing with the limitations on […]

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February 9, 2017

What you need to know about private prosecution

Frank Setati Gerrie Nel’s decision to resign from the National Prosecuting Authority to join Afriforum’s Private Prosecutions Department (department here used loosely) was met with mixed legal emotions from all and sundry. In the South African Criminal Justice System, the NPA, on behalf of the State, is clothed with the authority to prosecute alleged criminal […]

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February 7, 2017

Fair wear and tear

WHAT IS YOUR TENANT LIABLE FOR WHEN VACATING YOUR PROPERTY? Almie Fourie For a long time, the most renowned dispute between a landlord and a tenant occurs at the point where a tenant vacates the leased property and a calculation of damages occasioned to the property whilst in the care of the tenant must be […]

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February 2, 2017

So you think you have a common-law marriage?

Robin Twaddle We often have people coming to us for help, where they have been living with someone for many years and the relationship has gone sour. They want to know what rights they have arising from their “common-law marriage”. The short answer is none – there is no such thing as common-law marriage in […]

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January 30, 2017

Brace yourselves for new road rules

Almie Fourie In November last year, the South African Government published proposed changes to the National Road Traffic Regulations in the National Gazette. Motorists can expect changes to road rules to be implemented from 1 May. The National Department of Transport believes that new regulations will decrease the death-toll on South African roads. The changes […]

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January 26, 2017

Monitoring privacy in the workplace

Sabina Chivasa The issue of privacy in the workplace becomes somewhat of a sticking point, especially in cases where an employee makes use of a company resources, such as a laptop. Even though the laptop is company property, emails – work or personal – are private, and employers may not go through them. The Regulation […]

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