Telemarketers constantly inundate me with calls. Is this an offence? The Protection of Personal Information Act (POPIA) doesn’t protect you from marketers who contact you telephonically unless you explicitly tell them to stop calling you. Section 69 of POPIA deals with processing your personal information without your consent. You must consent to direct marketing using… Continue Reading
Understanding an Employee’s Right to Privacy
Whether you are an employer or you work for one, understanding an employee’s rights to privacy is important. This will help you to foster a working environment that is characterised by mutual respect, will improve moral, and will also allow you to avoid any unwanted legal complications between you and your employees. If you are… Continue Reading
Getting rid of a criminal record
What happens if you committed a petty offence (like shoplifting) and you want to clear your name? The act that applies is the Criminal Procedure Act 51 of 1977, that provides that your criminal record can be ‘expunged’ from the records of the Criminal Records Centre after ten years have elapsed from the date of… Continue Reading
Unlawfully evicted?
Because the landlord has evicted you without first getting a court order, you need to bring what is called a “spoliation” application to be allowed back onto the leased premises. As you clearly don’t have funds for a lawyer, you can approach your local Magistrates’ court. I know that the Randburg Magistrate’s court offers the… Continue Reading
Warrant for your arrest
If you ignored a summons requiring you to appear in court for failing to pay a traffic fine, the court may issue a warrant for your arrest for being in contempt of court. Practical steps to follow: If you do get stopped and they want to arrest you, demand to see a copy of the… Continue Reading
AARTO traffic fines
Traffic fines under Administrative Adjudication of Road Traffic Offences Act, No. 46 of 1998 (AARTO), currently applicable to Tshwane and Johannesburg. Traffic offences set out in section 29(a) of the act are processed in terms of AARTO. The initial Infringement Notice will either be written by hand, or electronically generated by the eNaTIS system, in… Continue Reading
Fines issued in terms of the Criminal Procedure Act
After an infringement is captured on camera, within 30 days, a notice of offence under Section 341 of the Criminal Procedure Act must be generated and sent to the alleged infringer. The Section 341 notice sets out a timeframe in which a fine may be paid before issue of Summons. The notice is posted via… Continue Reading
Non compos mentis
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 had been diagnosed with dementia. At law, a power of attorney terminates on the incapacity of person (who becomes incompetent in law and is deemed “to be of unsound mind… Continue Reading
What to do after an accident
By Roy Bregman Bregman Moodley Attorneys What are your duties after a crash? What are your rights if you are injured or your car is damaged? You can report minor accidents online without having to physically go to a police station for a case number, provided that: You must report a crash within 24 hours… Continue Reading
Are You Being Abused?
You can apply for a Protection Order which can protect you from further abuse. How are you being abused? Physical abuse: pushing, slapping, punching, kicking, burning, biting, stabbing. Verbal abuse: putting you down, name- calling, yelling, and belittling you. Sexual abuse: having sex with you against your will, making you do sexual things you don’t… Continue Reading
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