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Friday | 14 January | 2022 What happens when I am arrested and what are my rights?

By Sanette Viljoen The purpose of arrest is to bring the person before a court, and it is not a form of penalty. You must always be treated with respect and dignity during arrest. Being arrested does not imply you are guilty. The police officer must give you the reasons for your arrest. After that  … Read more

Wednesday | 08 December | 2021 What gets precedence over a debtor’s assets?

By Sanette Viljoen After the last drought Peter needs money to plant maize. He has a farm and leases another farm from John. However, Peter is in arrears with his rental and he tells John that he will pay the arrears rental after the harvest. The bank wanted security before giving him a loan to  … Read more

Tuesday | 07 December | 2021 Be careful of extending your lease

Be careful of extending your lease and then falling within the definition of a long-term lease By Sanette Viljoen A long-term lease is a contract for a period of 10 years or longer. These contracts must be registered against the title deed of the property. To avoid the registration of a long-term lease, many contracts  … Read more

Monday | 29 November | 2021 The voetstoots clause in the deed of sale of a house

By Sanette Viljoen Most fixed property deeds of sale contain a voetstoots clause. This clause provides that the seller is not liable for any latent or hidden defects. Does this mean that a seller in South Africa can no longer be sued for such hidden defects even if he was aware of them? In other  … Read more

Monday | 29 November | 2021 My coshareholder is embezzling our company’s money

By Sanette Viljoen Facts: Peter and John start a joint business. They establish a company and each has 50% of the shares. Peter provides the money and John handles the day-to-day management of the business. After a year Peter discovers that the business is no longer profitable and that John is stealing money from the  … Read more

Monday | 29 November | 2021 Am I entitled to my property’s scenic view?

By Sanette Viljoen Owners are constantly buying property with a beautiful view. Is an owner entitled to the beautiful view he had at the time of the purchase? What can he do if his neighbour erects a big building that obstructs his view? This is a regular dispute in court cases. What does the law  … Read more

Thursday | 25 November | 2021 Impact of POPI Act on employers’ confidentiality obligations

By Melodie Veldhuizen The Protection of Personal Information Act (No. 4 of 2013), known as POPIA, was promulgated on 1 July 2021. Under POPIA, no information of any person may be processed without that person’s consent. “Processing” means the collection, receipt, recording, storage, distribution and destruction of all personal information. What are the implications for  … Read more

Monday | 22 November | 2021 The consequences of false charges

By Sanette Viljoen In a recent case a woman landed in trouble because of a false charge of rape against her husband. The man was arrested and detained for 18 days before his alibi could prove that he was not at home when the alleged rape took place. The charge was withdrawn a year later.  … Read more

Monday | 22 November | 2021 Does “lease overrides sale” apply to long-term lease?

By Sanette Viljoen Fact sheet: John wants to lease his farm to Peter for 30 years. Will such a contract be valid, or should the contract be registered against the title deed to be valid? Will the lessee be able to rely on the lease-overrides-sale rule (“huur-gaat-voor-koop-reël”)? In South African law, there is a lease-overrides-sale  … Read more

Monday | 08 November | 2021 What can a single mother do if she cannot find the father?

By Sanette Viljoen Facts: The mother is a single mother of her child. The father of the child was last seen or heard of 10 years ago. He does not contribute to the child’s life, either financially or emotionally. Nobody knows where the father is. The mother, however, wants to go on holiday but needs  … Read more

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