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    Accumulated leave and resigning

    December 13th, 2017

    By Mynie Kriek Question: I want to resign from my place of work but I would like to know what would happen to my accumulated leave. I have been working for this employer for almost six years. I am entitled to 15 days’ leave per year but I have never taken any leave. I started  … Read more

    Damage: A stone from a lawn mower strikes my car

    December 11th, 2017

    Sanette Viljoen One often sees workers mowing grass beside the road. Who bears the risk if one of those lawn mowers should fling up a stone that strikes a car or a person? In this case we look at possible negligence and whether adequate precautions were taken to prevent it. The North Gauteng Supreme Court  … Read more

    When is it legal to take over vehicle instalments?

    December 11th, 2017

    Sanette Viljoen Facts: Peter loses his job and can no longer afford the instalments on his vehicle. He sees an advertisement in a newspaper by an agent who advertises that he takes over vehicle instalments. Peter queries the agent about this, who informs him that he has buyers who will take over the instalments and  … Read more

    May I replace my attorney and how do I do it?

    December 8th, 2017

    Sanette Viljoen There could be several reasons why a person would want to change attorneys. However, it should be done with caution. In this article we are going to explain briefly what should be taken into consideration and how to go about it if you want to change attorneys. Here are some of the reasons  … Read more

    Farmers take note! How to remove occupiers

    December 6th, 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

    Do I have to accept a bequest or can I decline it?

    November 27th, 2017

    Sanette Viljoen In legal terms the words adiation and repudiation are used. Adiation means the acceptance of the benefits of the estate of the testator or the deceased. Repudiation, on the other hand, means the refusal or rejection of the benefits. In South African law a beneficiary is free to either accept or reject the  … Read more

    Neighbour’s tree breaks boundary wall: Liability

    November 24th, 2017

    Tania du Toit There is no clear black-and-white municipal regulation or law that can be applied when you and your neighbour growl at each other about that problem tree. Each case is considered on merit should matters ever reach the level of an interdict. The best advice regarding any matter between you and your neighbours  … Read more

    What to know about the new SA bakkie laws

    November 22nd, 2017

    Sanette Viljoen Conveyance of school children In terms of amendments to Regulation 250 of the National Road Safety Act (Act 93 of 1996) no person may convey school children for reward in the goods compartment of a motor vehicle. This amendments to Regulation 250 took effect on 11 May 2017. The goods compartment is not  … Read more

    20 years imprisonment for drunk driving

    November 20th, 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

    Landowner’s duty when fire spreads beyond property

    November 17th, 2017

    Question: “I own a small holding of a few hectares. Recently, with the heavy winds in the region a veld fire started on my property. I’m still not sure what happened, but the fire spread quickly, despite my attempts to stop it, to my neighbour’s property and caused damage to some of his sheds before  … Read more


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