The Protection of Personal Information Act, 2013 (the “POPIA”) became effective on 1 July except for certain provisions that only come into force on 30 June 2021 that allow for operational readiness of the Information Regulator who polices compliance. There will be a one-year grace period within which to comply with POPIA and the Regulations… Continue Reading
CCMA’S DIGITAL CASE REFERRAL AND APPLICATION PLATFORM
The Commission for Conciliation, Mediation and Arbitration (CCMA) has introduced a free digital platform for CCMA Users to refer conciliation and arbitration disputes and make enforcement and/or condonation applications via https://cmsonline.ccma.org.za The digital referral and application platform eliminates the need for physical travel and physical contact with others. You can complete all these forms online:… Continue Reading
ARREAR MAINTENANCE – CAN A PARENT’S ESTATE BE SEQUESTRATED DUE TO NON-PAYMENT OF MAINTENANCE?
By Sasha Goldstein The simple answer is yes. In a recent judgment handed down by Makaula J in the Eastern Cape High Court in the case of A v H, the estate of an unemployed father was sequestrated following an application which was brought by his ex-wife. From the summary below, only in extreme cases,… Continue Reading
Must a customary marriage be registered to be valid?
The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced. The Act defines ‘Customary Law’… Continue Reading
Continuing to work after a fixed-term contract ends
A fixed-term contract automatically ends on completion of a specified task or project, or on a fixed date. What is the status of an employee if a fixed-term contract ends but the employee continues working and the employer continues to pay the employee? Does that mean that the fixed-term contract is renewed or is the… Continue Reading
Can a domestic worker return to work under Level 3?
Some snippets from recent amendments to the regulations. Can a domestic worker return to work under Level 3? The regulations state that they can’t, unless: (a) the worker is live-in; (b) the service is provided to essential and permitted service workers, the sick, mentally ill, elderly, people with disabilities and children; or (c) the domestic… Continue Reading
COVID-19 – Temporary measures in respect of entry into or exit from South Africa
The Home Affairs department has introduced temporary measures in respect of entry into or exit from South Africa for emergency medical attention for a life threatening condition, for the return of South African citizens and the repatriation of foreign nationals to their countries of nationality or residence in order to prevent and combat the spread… Continue Reading
Non Compos Mentis in The Time Of Covid-19
A client asked me if she could still act on a power of attorney that her mom signed in her favour now that her mom is so ill, she can’t make informed decisions. In South Africa, a power of attorney terminates on the incapacity of person (who becomes incompetent in law and is deemed “to… Continue Reading
Once-off movement of persons and goods allowed
In terms of a Gazette published on 14 May 2020, permissions have been granted to facilitate the once-off movement of persons and goods across provincial, metropolitan or district boundaries during the period of Alert level 4, where: a person is relocating to a new place of residence; the movement is necessitated due to domestic violence;… Continue Reading
Disaster Management Act Regulations: Movement of Persons and Goods
The Department of Co-Operative Governance and Traditional Affairs has published Regulations relating to the movement of persons and goods withing and across provincial, metropolitan or district boundaries during Level 4 of the national lockdown. These apply to tenants of lease agreements and home buyers who needed to move to new leased premises or homes but… Continue Reading
