Rule 41A: Mediation as a Dispute Resolution Mechanism Continue Reading
Dog bites – what defences can an owner raise?
In Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September 2020) the Supreme Court of Appeal (SCA) had to consider the rights and responsibilities of dog owners in South Africa. In this case, a gardener and refuse collector (Cloete) was attacked without any warning or reason by three dogs on a Cape Town street.… Continue Reading
Is working from home working out?
Is working from home working out? Under lockdown, the number of employees working either temporarily or permanently from home has surged. ‘Telecommuting’ does eliminate ever-lengthening commutes and allows employees to work the hours that suit them best. Management can hire applicants who live anywhere in the world. When the pandemic ends, will working virtually become… Continue Reading
The National Credit Act and Reckless Lending.
The National Credit Act and Reckless Lending The National Credit Act, Act 34 of 2005 (‘NCA’). The provisions that prohibit reckless credit granting form part of the measures that were introduced by the NCA with the aim of resolving the problem of over-indebtedness and preventing reckless credit lending. In terms of section 81(2) of the… Continue Reading
The right to lateral support
If a landowner causes damage to the land and buildings of his neighbour through excavations on her property, does the neighbour have a right to claim damages? Our law provides that landowners may use and enjoy their property in a manner that does not cause harm to or unreasonably interfere with the neighbouring landowner’s right… Continue Reading
WOMEN AND THEIR RIGHT TO ELECT A SURNAME
Source: Allen West TONKIN CLACEY PRETORIA 012 346 1278 More often than not a woman, when marrying, either retains her maiden name, assumes her husband’s surname or changes her surname to a double-barrel surname (now very popular). Similarly, on divorce, a woman either reverts to her maiden surname, retains her married name or changes her… Continue Reading
Removing an executor from office
The Master of the High Court (‘the Master’) appoints someone called an ‘executor’ to administer a deceased estate where the estate is worth R250,000 or more. The Master issues what are called ‘Letters of Executorship’ in favour of the executor. In a smaller estate the Master normally dispenses with the appointment of an executor and… Continue Reading
Videoconferencing during lockdown
Our courts have held that under lockdown conditions it is practical and indeed desirable that consultations between employers, employees and trade unions can take place via platforms like Zoom and Skype, as long as consulting parties have the necessary tools to meaningfully participate in this manner. In the recent Labour Court matter of Food and Allied… Continue Reading
Employment rights under lockdown
What happens if a business is forced to close because of Covid-19 and it becomes impossible for an employer and employee to perform under an employment contract? The law states that if both employer and employee are unable to do so, then the obligations of both parties are suspended, until the lockdown ends, and it… Continue Reading
Does the estate of a deceased grandparent have an obligation to support a grandchild?
Phillipa Susan van Zyl NO v Getz (548/19) [2020] ZASCA 84 The mother of a child asked the Supreme Court of Appeal (SCA) for a ruling obliging the estate of a grandparent of her child to maintain the child. Both parents were alive. The mother could not afford to maintain the child and the father… Continue Reading
COVID-19 Update