Kategorie: Articles

Watch out for this type of theft (not covered by insurance!)

July 16th, 2018

By Sanette Viljoen What is theft? To the ordinary person and also according to dictionaries, theft simply is when someone takes something without your permission. But this is not always the case, especially not as seen by your insurance company or the police. Here are two examples: – Johnny advertised his vehicle. The potential buyer  … Read more

Mom goes to prison for not protecting her daughter

July 16th, 2018

By Sanette Viljoen Courts regularly impose sentences with the aim of having them act as deterrents. However, they have no value if the sentences do not receive any publicity. Following are only a few of the recent sentences relating to rape: –           A 55-year-old man was charged with attempted murder after he had raped his  … Read more

Upon resignation,should I be given an service certificate?

July 16th, 2018

According to section 42 of the Basic Conditions for Employment Act, the employer must issue a service certificate to the employee at the time when the service is terminated. The service certificate must hold the following information: Full names of the employee. Name and address of the employer. A description of any collective agreement by  … Read more

When can I go on maternity leave?

July 5th, 2018

Maternity leave is regulated by section 25 of the Basic Conditions of Employment Act. This specific section regulates the amount of leave a woman is entitled to, as well as when such leave should commence. In terms of this section a woman is entitled to four consecutive months of unpaid maternity leave. Therefore, the employer  … Read more

The law when it comes to your domestic worker’s rights

July 2nd, 2018

By Anja van den Berg Millions of women and girls around the world turn to domestic work as one of the few options available to them in order to provide for themselves and their families. Abuses against domestic workers, typically taking place in private homes and hidden from the public eye, have garnered increased attention  … Read more

My employer has deducted money from my salary,what can I do?

June 29th, 2018

Employers may deduct amounts from your remuneration for a contribution to a pension fund or provident fund.  The authority to deduct these amounts usually stems from the terms in an employment agreement with the employee, or as a condition to be met in order to be employed.  It could also be that the employer deducts  … Read more

Debt: You may not pay back more than double

June 25th, 2018

By Sanette Viljoen Debt is a common phenomenon in South Africa. That is why there are many parties that take advantage of people’s debt. Therefore, inform yourself about the contents of the in duplo rule and the National Credit Act (Act 34 of 2005, hereinafter referred to as the NCA), so that you do not  … Read more

Consumer’s claim against a second-hand-car dealer

June 25th, 2018

By Sanette Viljoen Second-hand-car dealers are commonplace is South Africa. Thousands of people simply cannot afford to buy a new car and therefore buy second-hand cars. In a recent case the court refused a consumer’s claim regarding a defect second-hand car and held that the consumer should have foreseen the possibility of mechanical faults because  … Read more

Bank’s responsibility when manager makes withdrawals

June 20th, 2018

Bank’s responsibility when a company’s manager make unauthorised withdrawals By Sanette Viljoen Is the bank responsible for a company’s damages if the company’s manager makes withdrawals from the company’s account without the necessary authorisation? This question is answered in the court case of Ungaro & Sons (Pty) Limited v Absa Bank Limited (20063/2003) [2015] ZAGPJHC  … Read more

May anybody deprive me of unhindered possession?

June 20th, 2018

Spoliation order By Sanette Viljoen There is a legal rule in our law called a spoliation order. This remedy tries to prevent people from taking the law into their own hands. The common law stipulates that I may bring an application if anybody has despoiled my rights. In an article Advocate Gustav Pienaar explains that:  … Read more

Registreer / Register

Maak toe / Close