Category: General

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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January 19, 2017

Admissible in Court? II: Fruits of Poisonous Trees

FRANK SETATI Yesterday’s blog explored when evidence is considered admissible in court, which is covered by Section 218(1) and Section 218(2) of the Criminal Procedures Act. Section 218(2) of the criminal Procedure Act provides an exception to the rules regarding admissibility of evidence of admissions and confessions which has been unlawfully and/or improperly procured. In […]

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January 18, 2017

Admissible in court?

James Bush Section 35(5) of the Constitution of the Republic of South Africa protects individuals’ right to fair trial. Under this right, such things as the right to remain silent, the privilege against self-incrimination and the right to be presumed innocent are protected. The Constitution also protects various other rights such as privacy and free […]

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December 8, 2016

When does a maintenance order prescribe?

Sabina Chivasa When the family is happy and the parents are still together, the question of maintenance is never really an issue as the expenses of the household are generally shared in some form or manner. Maintenance becomes a real sticking point when parties decide to go their separate ways. Whether the separation is amicable […]

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November 29, 2016

Good news for landowners

Almie Fourie On 7 November 2016, the court decision in the case of Jordaan v City of Tshwane Municipality (74195/2013) [2016] ZAGPPHC) brought great relief for new landowners. In terms of section 118(3) of the Municipal Systems Act, any amount due for municipal charges (i.e. service fees, property rates and all other municipal taxes) is […]

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November 22, 2016

Who gets your retirement fund benefits when you die?

Sabina Chivasa We spent most of our daily lives at work, where we work towards the golden years where we get to retire and take it a little easier than what we are used to.  A retirement fund offers a safety net for those who have since left the hustle and bustle of the 9 […]

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