Frequently Asked Questions on Defamation

Frequently Asked Questions on Defamation What is defamation? Defamation is the creation of false statements concerning either a business or individual that could possibly damage that person or business’s reputation. Once the false statement is made and reputation is harmed, there are legal consequences for the individual who made the statement. Defamation can both be… Continue Reading

Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?

Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)). In fact, the Sectional Title Act provides that the owner in a sectional title scheme is responsible for all excess payments on insurance claims – unless… Continue Reading

Can new owners be held liable for historic municipal debt on their property?

In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local Government Municipal Systems Act, which provided that “an amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties… Continue Reading

Thinking of Getting Divorced?

Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the “Plaintiff”) needs to prepare a divorce summons, either through the High Court or the Family Court at a local Magistrates’ Court, suing the other spouse… Continue Reading

The Divorce Process

The divorce process – what is entailed Source: https://www.westerncape.gov.za/service/getting-divorced/ A married couple can end their marriage through divorce. The process of the divorce depends on the type of marriage: Civil marriages are dissolved according to the rules in the Divorce Act. Marriages in terms of African Customary Law are dissolved according to the civil law but some of… Continue Reading

Who is a Legal Guardian?

Who is a legal guardian? A client asked me when and how a person should appoint a guardian to look after minor children, on his or her death. Why is it so important to appoint a legal guardian for your children? On the death of the first dying parent, the surviving parent becomes the sole… Continue Reading

Voetstoots and the CPA

Does the Consumer Protection Act, 2008 (“CPA”), which became effective on 1 April 2011, mean the end of the “voetstoots” or “as is” clause? What does voetstoots mean When you buy something, there is an implied warrantee that the thing sold is free from any defects. It is, however, possible that one can contract out… Continue Reading

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