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    What to do to privately prosecute?

    October 20th, 2017

    Question: “In 2016 my son was assaulted in ‘n bar, however the state decided not to prosecute the particular person. Lately I’ve heard a lot in the news about private prosecution. How does it work?”   Answer: While a large percentage of the South African public only recently heard of private prosecution, it is not  … Read more

    How to amend your will

    October 19th, 2017

    Sanette Viljoen Your will is your last wish regarding the way in which you want your assets to be managed after your death. However, there are times when you would like to amend your will. You may for example have a child and want to include him/her in your will. You may have accrued more  … Read more

    New provision on interest-free loans to a trust

    October 19th, 2017

    Sanette Viljoen In the past many people moved some of their assets to a family trust and financed the disposal by means of an interest-free loan in their own names. However, some tax amendments have now been introduced that will have unfavourable tax consequences for such persons regarding these interest-free loans. A new section 7C  … Read more

    Final warning for 1st offence? Here’s your options

    October 19th, 2017

    Gibbs du Toit My employer recently issued me with a final written warning for absenteeism. I feel that this warning was unreasonable as I have never committed any disciplinary offence with the employer in my two years of service. I have communicated with the employer to try and explain that my child was sick and  … Read more

    Can I claim for a dog-bite?

    October 18th, 2017

    Sanette Viljoen When your dog bites another person, a claim for compensation can be brought against you, without you as the owner of the dog being culpable. Even if the owner therefore was not negligent in any way, he/she could still be held accountable for injuries of damages caused by the dog. However, there are  … Read more

    What is sexual harassment and what can I do about it?

    October 18th, 2017

    By Johan Roos Sexual harassment is unwelcome actions of a sexual nature, which must be distinguished from sexual attention that both parties agree to. Even if there had been a relationship between employees and one of the parties decided he or she no longer wanted to receive this kind of attention from the other party, this  … Read more

    20 years imprisonment for drunk driving

    October 17th, 2017

    Sanette Viljoen On 28 March 2015 Kriesen Moodley, after a party at his home, took to the road in a friend’s BMW Cabriolet without the friend’s permission. He collided with another car at high speed and three of the occupants were killed. Moodley appeared in the Regional Court in Durban last week. He was sentenced  … Read more

    When can I get police bail outside court hours?

    October 16th, 2017

    Sanette Viljoen Any person who is arrested must be taken to a police station as soon as possible and be informed of his or her right to apply for bail. This person must be brought before a court within 48 hours of his or her arrest. Should the 48-hour period expire outside normal court hours,  … Read more

    Farmers take note! How to remove occupiers

    October 13th, 2017

    Sanette Viljoen The Extension of Security of Tenure Act, No. 62 of 1997, is also known as the ESTA Act. This Act regulates the tenants’ right of residence on your farm. The ESTA Act also prescribes the process that needs to be followed if you wish to evict an occupier from your farm. Should this  … Read more

    Demerit points system to replace speed fines soon

    October 13th, 2017

    Sanette Viljoen The demerit point system for regulating road users’ behaviour should take effect countrywide at the end of the national Department of Transport’s 2017/2018 financial year. The Administrative Adjudication of Traffic Offences Bill (AARTO), which makes provision for the point system, only has to be approved by the National Council of Provinces and signed  … Read more


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