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Legal Briefs
April 1, 2019ByIn,

NEIGHBOURS BUILDING? KNOW YOUR RIGHTS RE PLAN APPROVAL

Disputes with neighbours take many forms, and they can quickly escalate into costly and expensive litigation. So nipping them in the bud will always be first prize, and when it comes to fights over construction activity – whether it be a whole new building or additions/alterations – a good place to start is with municipal...
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April 1, 2019ByIn,

LOSING YOUR LICENCE WITH AARTO DEMERITS: MORE DANGER THAN YOU THOUGHT, AND THE WHEELS ARE TURNING

Government has “cried wolf” on the AARTO demerit system so many times now that many of us have lost sight of just how seriously it will affect us when it finally comes into force. Now the wheels of implementation are turning – fast. It’s time to prepare! The fact is that every motorist, every vehicle...
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April 1, 2019ByIn,

SMALL CLAIMS COURTS – FROM 1 APRIL YOU CAN SUE FOR UP TO R20,000

Access to Justice can be a costly and complicated affair, leading government to provide an alternative to our mainstream courts. The idea is to help you resolve disputes in a “speedy, affordable and simple manner” using our Small Claims Court system. Who can use the Small Claims Court? Who can you sue? What sorts of...
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March 4, 2019ByIn,

EMPLOYERS: WHEN SHOULD YOU SUE ROGUE EMPLOYEES? A R33m EXAMPLE

Employers, ever mindful of the comprehensive legal rights and protections provided to employees by our labour laws, need to know that on the other side of the coin they too have rights, and that our courts will come to their aid where employee misconduct causes them loss. We discuss your employees’ obligations to you in...
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March 4, 2019ByIn,

TRUSTEES AT WAR: THE REMOVAL REMEDY AND IT’S LIMITS

What happens when a trust’s trustees fall out and go to war with each other? If a polite request to the minority trustee to resign bears no fruit, can the majority forcibly remove him or her? And if so, must they have good reason to do so? First question of course is what the founding...
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March 4, 2019ByIn,

TRAFFIC FINES AND ADMISSIONS OF GUILT – WILL THEY EARN YOU A CRIMINAL RECORD?

We live our lives beset by so many laws and regulations that even the most law-abiding of citizens will sooner or later be accused of some petty offence or other and then faced with the question “Do I fight this in court or do I just pay the fine and get on with it?” Tread...
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March 1, 2019ByIn,

PROPERTY BUYERS: BEWARE OF UNLAWFUL OCCUPIERS!

If you plan to buy a house before the property market starts to recover from its present doldrums, be aware of the risks you face if anyone is currently in the property. A recent High Court decision illustrates the danger of your being unable to evict unwelcome occupiers who point-blank refuse to leave. We’ll analyse...
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January 31, 2019ByIn,

BUYING YOUR FIRST HOME WITH A GOVERNMENT SUBSIDY

It’s an all-too-common problem these days. You, or perhaps someone else you are trying to help, want to buy property before prices start ticking up, and are lucky enough to find the right entry-level house at the right price. But you (or they) just can’t afford it. But take heart, all is not necessarily lost....
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January 31, 2019ByIn,

PROVING YOUR CLAIM IN A LIQUIDATION OR SEQUESTRATION – WHEN YOU SHOULD, AND WHEN YOU SHOULDN’T

Having to write off bad debt is one thing – having to pay in even more money for the privilege is just adding insult to injury. Yet that is exactly the danger you face if one of your debtors is sequestrated or liquidated (we start off by explaining the different terminology) and you prove your...
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January 31, 2019ByIn,

PRIVATE SCHOOLS AND PARENTS BEHAVING BADLY – THE EXPULSION OPTION

Here’s a recent Supreme Court of Appeal decision of importance and interest to all schools, parents and learners. It deals with a school’s attempt to cancel a parent contract (effectively expelling two young learners) after the parents created a “toxic and intolerable atmosphere” in the school with an eight-month spree of bad behaviour and expletive-rich...
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