“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if they fail to protect you during unrest and...Continue Reading
Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike” scenario, employees have strongly entrenched rights when it comes to taking industrial action. But...Continue Reading
“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more...Continue Reading
“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or harassment in the workplace and a recent High Court decision confirms the...Continue Reading
“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our courts always prioritise the interests of children in any marital breakup, and...Continue Reading
“There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company...Continue Reading
Can You Change Your Marital Regime After Marriage? “A journey is like marriage. The certain way to be wrong is to think you control it” (John Steinbeck) One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. To recap,...Continue Reading
Dismissed: The Butcher Who Went to Work With COVID-19 “The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the realities of this pandemic, and to...Continue Reading
When Bond Clauses Sink Sales “Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong? Quite a bit as...Continue Reading
11 POPIA Questions to Ask Yourself Before 30 June 2021 You and your business are at substantial risk if you aren’t fully compliant with POPIA (the Protection of Personal Information Act) on 1 July 2021. The clock is ticking! Have a look at the Information Regulator’s Countdown Clock here to see exactly how many days...Continue Reading
12 Montrose Park Boulevard
Victoria Country Club Estate
Office Park
170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201
KwaZulu-Natal
E: info@lhtc.co.za
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