To curb the spread of the Covid-19 pandemic only essential services such as grocery stores, medical facilities, pharmacies, fuel stations and banks can operate during the lockdown. BIG BUSINESS The Covid-19 lockdown is forcing more retailers into a position where they cannot afford to pay their rentals, which adds to the pressures being experienced by retail landlords.… Continue Reading
Now is the time to consider your estate planning
I previously suggested that there has been a massive rise in demand for wills and estate planning from people worried about COVID-19, as the awareness of mortality amid a pandemic increases. Our specialist consultant, an estate planning expert, Dr Mervin Messias, urges you to immediately put your affairs in order. He is prepared to have an… Continue Reading
Coronavirus lockdown – how do I get a will?
There has been a massive rise in demand for wills from people worried about coronavirus, as the awareness of mortality amid a pandemic increases. In South Africa, our law requires that you sign your will in front of two independent witnesses in person, in your presence. If you don’t comply with this requirement, your will… Continue Reading
Relaxation of the prohibition of movement of children between Parents
In terms of a notice published in the Government Gazette on April 7, the movement of children between co-holders of parental responsibilities and rights, or a caregiver, during the lockdown period, is prohibited except where arrangements are in place for a child to move from one parent to another: In terms of a court order;… Continue Reading
Urgent access to courts during the lockdown
Because of the Covid-19 crisis, access to our courts is limited to urgent and essential matters only. Divorced and separated parents may be feeling desperate, angry and frustrated about losing their contact to their children during the lockdown. Whilst parents cannot lawfully break the curfew and move children from one home to another in terms of a parenting plan/court order/agreement, there… Continue Reading
Employers and Covid-19 in South Africa
As we enter the National 21-Day lockdown, business owners are understandably confused and concerned about its economic consequences. Will their businesses go belly up and what happens to employees, if they can’t afford to keep them on or pay them? Although a business owner would never want to dismiss, retrench or short time its employees,… Continue Reading
Life insurance paid to trustee of insolvent estate and not to intended beneficiary
Mr Wentzel took out a life insurance policy with Discovery Life Limited (Discovery) insuring the life of his wife, whom he was married to in community of property in 2007, in terms of which he appointed himself as the beneficiary of the policy. The same policy also insured his life and appointed his wife as… Continue Reading
Some RICA provisions found to be unconstitutional
In the recent Pretoria High Court case of AMABHUNGANE CENTRE FOR INVESTIGATIVE JOURNALISM NPC Judge Sutherland had to consider two discrete questions:- · The first is a challenge to the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) which statute permits… Continue Reading
How does a Body Corporate deal with pet problems in sectional title schemes?
Prescribed Conduct Rule (“PCR”) 1 deals with the keeping of pets, and states: Keeping of animals, reptiles and birds: (1) The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property. (2)… Continue Reading
When can a landlord use a duplicate set of keys to enter leased premises?
A CLIENT ASKED: As a landlord/owner, is it their right to have a set of keys to an apartment they are renting out? I read somewhere that in an emergency, fire or burst pipe, it is the landlords right to be able to enter (but only in the case of an emergency) and in all… Continue Reading
COVID-19 Update