If the business is, say, that of an accountant, and makes little or no noise, you may choose to turn a blind eye. But what if the business causes a noise nuisance (or you simply object to a neighbour running a business in your suburb)? InMcKay and Others v Ursiweb (Proprietary) Ltd and Others (3510/2019) [2019]… Continue Reading
Can a court hear evidence via video conferencing?
In the matter of MK and TRANSNET LTD t/a PORTNET, heard by the Kwazulu-Natal Local Division of the High Court under case number A105/2004, Mbatha J, had to decide if an applicant, seeking damages from Transnet, could give evidence at a law firm and be cross-examined, in Yugoslavia, by way of a video conference link,… Continue Reading
The enforceability of school trip parental consent forms
A client asked: Are schools completely indemnified against any claims, even when they were negligent? Does an indemnity from give the recipient a “license” not to care or not act in a responsible manner ensuring the safety and general wellbeing of the child? This question was probably prompted by the by the unfortunate drowning of… Continue Reading
Issues to consider when contemplating a divorce in South Africa
Author: Sasha Goldstein Deciding to issue divorce proceedings against your spouse is a difficult and emotional decision. Many clients are in the dark as to what needs to be considered when deciding to proceed with a divorce. Below are a few of the main issues to be considered and the most common points of contention… Continue Reading
What is the effect of divorce on a permanent resident permit?
A client asked: What is the effect of divorce on a permanent resident permit when a US citizen is married to a South African citizen and was granted permanent residency and a SA ID document on the basis of the marriage? Permanent residence under the spousal category is issued in terms of section 26(b) of… Continue Reading
New Parental Leave Provisions
In terms of recent changes to Basic Conditions of Employment Act (BCEA), from 1 January 2020, the BCEA makes provision for parental leave, adoption leave and commissioning parent leave (surrogacy arrangements). Parental, adoption and commissioning parental leave will be unpaid but employees can submit claims to the Unemployment Insurance Fund to qualify for payment of… Continue Reading
Must divorcing parties attempt to mediate their dispute?
Mediation as a Dispute Resolution Mechanism Mediation assists both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to a court. The process reduces conflict by helping couples consider the issues that need to be settled and the various options for settlement that may be available… Continue Reading
Dog Bites – What are your rights?
When can you claim damages for patrimonial loss (expressed in money) from a dog owner if his dog bites you and injures you? Two Latin principals apply, the actio de pauperie (that refers to the legal remedy that can be brought against the owner of a domesticated animal that has caused damage when it was acting contrary… Continue Reading
Understanding How The Consumer Protection Act Helps You
What Is The Consumer Protection Act? Consumer protection is a legislation which is based on ensuring that the individual, or individuals, have the right to a business practice which is fair, transparent and open. What this means is that a consumer is protected against any untruths or deceptions from a business, such as stating the… 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
