I’ve been pulled over by the police, what are my rights?
Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It […]
Consent to jurisdiction: A discussion of section 45 of the Magistrates court act, 32 of 1944.
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. Subject to the provisions of section 46, […]
Customary union declared valid in wives’ dispute
The weight that customary marriages carry was highlighted once again during a legal wrangle between two widows. Both “wives” claimed that they were legally married to their now-deceased husband. The first wife stated that she married her husband in 1991 in terms of customary law. The second wife stated that she was the “true wife” […]
Landlord and tenant Inspections
The Rental Housing Amendment Act, section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, inspect the dwelling for any defect and damage. It further determines that the same procedure must be followed when the tenant vacates the property, and this inspection must be […]
Lost your original title deed? What do you do?
Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
Transfer duty. No surprises. Part I
Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way of a transaction or in any other way, or on the amount by which the value of any property is enhanced by the renunciation of an interest or restriction […]
Avoid the “chase” following the purchase of a business
When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business you intend to acquire to make sure that no unpleasant surprises await you after the fact. Notwithstanding the obvious research about the good name, the turnover, the customer base, […]
What is harassment according to the law?
The Domestic Violence Act 116 of 1998 (“the Act”) was enacted to recognise that domestic violence is a serious social evil. Because there is a high incidence rate of domestic violence within South Africa and victims of domestic violence are among the most vulnerable members of society, the Act seeks to afford the maximum protection from domestic abuse that the law can provide. The Domestic Violence […]
Legal recourse for medical malpractice victims
Consult: Firstly, it is highly recommended that you consult a personal injury attorney who specialises in medical malpractice claims. The attorney assists in determining the validity of the claim and advises on what to expect. The gathering of evidence is crucial and will ultimately validate whether there is a claim or not, this includes obtaining all medical records, expert opinions and, if relevant, witness statements. Test: For […]
The importance of cost disclosure in legal services
In terms of Section 35(7) of the LPA, practising attorneys and trust account advocates must provide a written notice confirming a legal instruction and giving a cost estimate to a client upon receiving a formal instruction or as soon as practically possible thereafter. The written notice must include the following details: The likely financial implications, including fees, charges, disbursements and other costs; The hourly rate of […]