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Tuesday | 23 March | 2021 Wills: Heirs and insolvency… What to do?

By Sanette Viljoen from SV Legal In today’s day and age, insolvency is a big reality. Therefore, one must always provide for such a situation in one’s will. What good is it if an insolvent heir gets a share of your hard-earned money, but his or her creditors claim it all? How should a will  … Read more

Monday | 15 March | 2021 May an estate agent claim commission on a tenant’s deposit?

By Sanette Viljoen of SV Legal Question: I own a house on the Natal coast. This house is rented out on a monthly basis with the help of an estate agent. On 01 January 2021, new tenants moved into the house. They paid a deposit equal to two months’ rent, together with the rent for  … Read more

Monday | 15 March | 2021 Father wins alimony case after missing payment during Covid

By Sanette Viljoen from SV Legal In a recent case in the High Court, the judge ruled that a divorced father of three should be given a break after failing to pay one month’s alimony due to a pay cut which seriously affected him during Covid-19. However, the father immediately paid the outstanding alimony when  … Read more

Monday | 15 March | 2021 Wills that only has male heirs are unlawful

By Sanette Viljoen of SV Legal A clause in a will that was executed more than 100 years ago and states that the female descendants are not allowed to inherit farms, has been declared illegal by the Constitutional Court. The Constitutional Court has ruled that the Equality Act should be the criterion for evaluating the  … Read more

Monday | 15 March | 2021 Is wrongfulness a requirement for domestic violence?

By Sanette Viljoen of SV Legal It is important to understand exactly what actions constitute domestic violence. It is also important to note that both men and women can commit domestic violence and that both men and women can be victims of domestic violence. Thus, either a man or a woman can obtain a domestic  … Read more

Monday | 08 March | 2021 May the landlord increase the rental amount at any time?

By Sanette Viljoen of SV Legal The landlord and the tenant are bound by their lease at all times. The landlord is at no stage entitled to increase the rent unilaterally during the period of the lease. If the landlord wants to increase the rental amount, the provisions in the lease must be considered. Every  … Read more

Monday | 08 March | 2021 Everyone, even illegal immigrants have right to education

By Sanette Viljoen of SV Legal In a recent ruling, the Grahamstown Supreme Court in the Eastern Cape ruled that the Department of Basic Education must provide and finance education for all undocumented children, including children of illegal foreigners. It is estimated that the verdict will affect the lives of more than a million undocumented  … Read more

Monday | 01 March | 2021 Can you grant your child a loan from his inheritance?

By Sanette Viljoen Facts: John has a son and a daughter. The son is in financial trouble due to the lockdown. John wants to help his son by giving him R50 000. John realises, however, that he has two children and he wants to treat both of them the same. How can he help his struggling  … Read more

Monday | 01 March | 2021 Remedies for domestic violence

By Sanette Viljoen Domestic violence is not limited to that which you hear and see on the streets. It affects even the houses of the “elite”, professional people, poor and rich people. There are people you see in the world where you will least expect it, but when their doors are closed domestic violence takes  … Read more

Monday | 22 February | 2021 Covid-19: May my employer force me to be inoculated?

By Sanette Viljoen Given the serious effect of Covid-19 on the South African population, the lockdown regulations imposed by the government and also the delivery of the first vaccine, one can understand that people will be worried about taking this vaccine. In a media statement at the beginning of February 2021 Dr Dirk Herman, Chief  … Read more

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