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Sunday | 29 March | 2020 The difference between a settlement and a court order

By Sanette Viljoen Legal circles or attorneys regularly refer to a settlement or a court order. What is the difference between them? What happens if a party does not comply with a settlement or a court order? Settlement If two parties enter into a settlement contract that is later not complied with, the parties will  … Read more

Monday | 23 March | 2020 Circumstances beyond my control and my vacation leave

By Sanette Viljoen If, for instance, a violent strike makes it impossible for a person to get to work, how does it affect that person’s vacation leave? The person has no control over the circumstances, so must they now sacrifice their leave? Section 10(a) Basic Conditions of Service Act (Act75 of 1997) provides that employers  … Read more

Tuesday | 17 March | 2020 Sick leave during short-time

Currently, employees are increasingly finding themselves in the position where they are placed on short time due to the poor financial position employers find themselves in. Short-time can be described as the temporary reduction of employees’ working hours or days, thereby reducing the affected employee’s remuneration. The general requirements are that the employee and the  … Read more

Tuesday | 10 March | 2020 The state’s responsibility to maintain farm roads

By Sanette Viljoen His article deals with the duty of the Department of Public Works, Roads and Transport to properly maintain and repair our public roads. We will look specifically at the verdict in the court case Agri Oos-Kaap & andere v LUR van die Departement van Paaie en Openbare Werke & Andere [2017] 2  … Read more

Monday | 09 March | 2020 Agreement between business partners

By Sanette Viljoen It is always important that partners should enter into an agreement. When a business starts out it always goes well, but the chances of things going wrong are not unlikely. This is why it is important for partners to understand the nature and scope of such an agreement. A partnership is based,  … Read more

Friday | 06 March | 2020 What is the meaning of wear and tear in a lease?

By Sanette Viljoen Leases often state that the lessor is responsible for reasonable wear and tear. A good lease will also stipulate that the lessee is responsible for the maintenance of the property and that the lessee must return it in the same condition as that in which he found it, with due allowance for  … Read more

Wednesday | 04 March | 2020 Can mother give father permission to stop paying maintenance

Facts: John and Ina are divorced. They have a minor child. John pays maintenance for the child every month. Ina gives John written permission to stop paying maintenance. Is such a letter sufficient or should the divorce order be amended by the court? Unfortunately such a letter from the mother will have no legal force.  … Read more

Thursday | 27 February | 2020 What can I do if the executor of an estate delays?

By Sanette Viljoen The executor of an estate has a duty to finalise the administration of an estate within a reasonable time. The liquidation and distribution account of the estate must be lodged with the Master of the Court within six months of the date of issue of the letter of executorship. The executor may  … Read more

Monday | 10 February | 2020 Can maintenance be claimed if child is older than 18 years?

By Sanette Viljoen It often happens that a maintenance-paying parent no longer wants to pay a child’s maintenance because the child has come of age. At the age of 18 a child finishes school but perhaps wants to pursue his studies. The child is therefore still needs maintenance. A claim for maintenance does not expire  … Read more

Tuesday | 04 February | 2020 Income tax on the rental I earn when I lease my granny flat

By Sanette Viljoen The facts: Janine owns a guest house. At times the guest house is overcrowded and Janine then asks her neighbour, Lettie, to make available her granny flat for guests to sleep over. The guest house pays the few nights’ accommodation costs directly into Lettie’s account. This is a lovely additional income for  … Read more

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