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Tuesday | 16 July | 2019 Speeding fine in a townhouse complex

By Sanette Viljoen The facts: Suzy receives a speeding fine with her levies account from her town house complex. She drove faster in the complex than the allowed 35km/h. Is this fine valued and enforceable? The Sectional Titles Act 95 of 1986 provides for two sets of rules to regulate sectional title schemes, namely management  … Read more

Tuesday | 16 July | 2019 Babies switched at birth

By Sanette Viljoen The birth of a child is a wonderful occurrence in every parent’s life. The greatest fear of all parents are that their baby will be switched in the hospital. Following is a discussion of a case where this nightmare occurred. On 2 August 2010, after their birth in a state hospital in  … Read more

Monday | 15 July | 2019 Dismissal based on race

Dismissal based on race is classified as automatically unfair dismissal in terms of section 187(1)(f) of the Labour Relations Act (No. 66 of 1995). This means that such dismissal violates an employee’s constitutional rights to equality, dignity and fair labour practices. In the matter of Bakulu v Isilumko Staffing (Pty) Ltd and others (2018) 27  … Read more

Monday | 08 July | 2019 Admissibility of electronic communication as evidence

Electronic communication is regulated by the Electronic Communications and Transactions Act (No 25 of 2002), herein after referred to as ECTA. In the definitions, data is defined as electronic presentation of information in any form. Data subject means any natural person in respect of whom personal information has been requested, collected, collated, processed or stored  … Read more

Tuesday | 02 July | 2019 The right to remain silent toward the police and in court

By Sanette Viljoen Chapter 3 (section 25) of the Constitution of South Africa awards individuals who have been detained, arrested or accused various rights. One of these rights is the right to remain silent during plea proceedings or during the trail, in other words, to not testify during the trial at all. The right to  … Read more

Monday | 01 July | 2019 May I be penalised twice for the same crime?

By Sanette Viljoen Section 35(3)(m) of the constitution of the Republic of South Africa holds that every person has the right to a fair trial, which includes the right not to be tried for a crime that person was previously found guilty or acquitted of. This is referred to as “double jeopardy”. Basically this principle  … Read more

Monday | 01 July | 2019 When is dismissal fair if an employee has been using drugs?

I shall reply to this question with reference to Keys/ GRI Wind Steel South Africa (Pty) Ltd – (2017) 26 MEIBC 8.37.8 also reported at (2017) 10 BALR 1046 (MEIBC). In this case, an employee exhibited strange behaviour such as singing to certain pieces of equipment. The employer tested him for drugs, and the result  … Read more

Tuesday | 25 June | 2019 Rape includes sodomy

By: Sanette Viljoen Rape as a crime, as we know it today, initially was not so comprehensive. The big development in South Africa took place in 2007 after the Constitutional Court ordered that the definition of crime be rewritten and expanded, following a court case known as Masiya v Director of Public Prosecutions, Pretoria 2007  … Read more

Tuesday | 25 June | 2019 What is the function of the Reserve Bank?

By Sanette Viljoen In the case South African Reserve Bank v Public Protector and Others (43769/17) [2017] ZAGPPHC 443 the question was asked: What is the function of the central bank? The case concerned the urgent application brought by the South African Reserve Bank in order to set aside two recommendations by the Public Protector  … Read more

Tuesday | 25 June | 2019 Should I pay tax on my gambling profits or Lotto winnings?

By Sanette Viljoen Prize money from the national lottery is regarded as capital and individuals are not taxed on it. It is also excluded from capital gains tax, but it is important that individuals who win this Lotto prize money should still declare it to the South African Revenue Services (SARS). Therefore, when you win  … Read more

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