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Tuesday | 21 January | 2020 Department, day care liable for death at unregistered centre

By Sanette Viljoen This article looks at the liability of the provincial Department of Social Development after the death of a child at a day care centre. The liability was the issue in the court case of Barley and Another v Moore and Another [2017] 3 All SA 799 (WCC) in the Western Cape in  … Read more

Tuesday | 21 January | 2020 A will must be correctly drawn up if minor children inherit

By Sanette Viljoen A poorly drawn up will can cause much frustration, especially when it comes to minor heirs. In a recent case two minors lived with their grandparents. Their parents had died and their grandparents were their guardians. The grandfather died and his will directed that a large part of his estate was to  … Read more

Tuesday | 14 January | 2020 Firearms: Self-defence, carrying and storing

By Dr Eugene Brink There are many dangers in South Africa and attacks on houses and farms are life-threatening risks facing many people. One possible (and effective) way to beat off the criminals and protect yourself and your family is by using your firearm. Marnus Kamfer, legal and risk manager at the civil-rights organisation Afriforum’s  … Read more

Tuesday | 14 January | 2020 What happens when a testator’s latest will cannot be found?

By Sanette Viljoen Aunt Maggie is 92 years old. She dies in 2019. However, the bank visited her in 2017 and drew up a new will. On her demise the executor ─ the bank ─ lodges a will from 1986 with the Master. They claim that the 2017 will became lost. Aunt Maggie’s daughter, however,  … Read more

Tuesday | 14 January | 2020 Can a director and/or shareholder be forced to sell shares?

By Sanette Viljoen It happens fairly often that two or more persons start a business together but after some years realise that the choice of the person or persons with whom the business was started was/were the wrong choice The question now is whether a shareholder can be forced to sell his shares? Section 136  … Read more

Tuesday | 14 January | 2020 Am I obliged to help the police in their investigations?

By Sanette Viljoen Am I obliged to help the SAPS in their investigations? To what extent am I obliged to help? As a general rule you have no obligation to help by reporting crime and literally putting yourself forward. The only exception to this rule is section 41 of the Criminal Procedure Act, which makes  … Read more

Tuesday | 07 January | 2020 How to become the legal owner of a firearm

By Dr Eugene Brink While it is fairly easy in countries like the USA to obtain a firearm, there are strict procedures to be followed in South Africa to become the owner of a firearm. It is, after all, a dangerous object to own and therefore owners must be very competent so that firearms do  … Read more

Tuesday | 07 January | 2020 Visiting rights of a father who is not paying maintenance

By Sanette Viljoen Johnny is 17 and in a relationship with an older woman. The woman falls pregnant and it is accepted that Johnny is the father. However, Johnny is young and unemployed. He has no form of income and is still living with his parents. The woman refuses Johnny visiting rights to his child,  … Read more

Tuesday | 07 January | 2020 Am I obliged to report a crime?

By Sanette Viljoen Example: John walks down the road and sees a break-in at one of the houses. Is John obliged to report the crime? This question is regularly asked by the public. No person, in general terms, is obliged to report a crime. There are, however, exceptions to this rule. A broad distinction can  … Read more

Tuesday | 17 December | 2019 The risk of running over a beggar at a traffic light

By Sanette Viljoen Nowadays there are beggars at just about every traffic light. What are your rights should you run over such a person if, for instance, you have to swing out for other cars and do not see this person? Some of these beggars sit on the round and somebody in a 4×4 does  … Read more

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