Contracts in restraint of trade – the law

An agreement in restraint of trade is prima facie enforceable. The onus rests in the party seeking to avoid a restraint clause to prove that it is contrary to public policy. The approach to restraints of trade is neatly summarised by Malan AJA in Reddy v Siemens Telecommunication, as follows: A court must make a… Continue Reading

How to change the name of an abandoned baby

A client adopted an abandoned baby and wanted to change his first and last names. He was kind enough to share his experiences, after he received the adoption order.   I went a Department of Home Affairs office to find out for myself…   DHA Office: Not all offices do this, so before anybody goes to… Continue Reading

Master of the High Court: Intestate Succession

IF YOU DO NOT LEAVE A WILL See the Intestate Succession Act. Any person of 16 years and over is free to make a will in order to determine how his/her estate should devolve upon his/her death. If you die without a will, your estate will devolve in terms of the rules of intestate… Continue Reading

How To Identify Real Estate Fraud

How to Identify Real Estate Fraud Encountering property fraud can be one of the worst experiences in your life. Knowing how to identify these scams can help your family to avoid unnecessary loss and litigation. Although there are many different scams, the most common scams involve fake realtors using real listings to make themselves appear… Continue Reading

Are your sectional title affairs in a mess

Are your sectional title affairs in a mess (your body corporate owes a fortune in arrear municipal charges)? You may consider appointing an administrator to halt legal proceedings and negotiate a way out. The Application to appoint an Administrator for a fixed period with the purpose of rehabilitating the scheme, is brought in terms of… Continue Reading

Does a municipality need a court order prior to terminating electricity to premises?

Anva Properties CC // End Street Entertainment Enterprises CC Anva Properties (The Applicant) sought an order authorizing it to terminate the electricity supply to a unit in a building situated in Cape Town. The matter was heard in the Western Cape High Court in April 2015. The Applicant is the owner of the building and… Continue Reading

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