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Tuesday | 08 December | 2020 What is a Trust?

By Sanette Viljoen When you are contemplating a trust as an entity, it is first and foremost important to understand the essence of a trust. In other words, what is a trust? A trust is an agreement/contract between the founder of the trust and the trustees of the trust for the benefit of a third  … Read more

Tuesday | 08 December | 2020 Do I get A criminal record if I pay admission of guilt fine?

By Sanette Viljoen An admission of guilt fine is a method used in law to relieve the pressure on overloaded court rolls. This fine is offered by the South African Police (SAPS) as an option to the arrested person for a less serious offense. This fine can be paid even before the person has to  … Read more

Tuesday | 08 December | 2020 Fair alternatives to retrenchment

By Aimee Nel The Oyster Box Hotel decided to close for a period of two years for refurbishment. Sixty employees were retrenched. When the hotel reopened only one employee was re-employed. Fifteen of the employees argued that their retrenchment was unfair because the employer did not consider reasonable alternatives to retrenchment. In SACCAWU obo Mvuyana  … Read more

Monday | 07 December | 2020 When is the bank liable for damages should I lose my card

By Sanette Viljoen Facts: Sam receives a new bank card and PIN number. He writes down his new PIN number on a slip of paper and puts it inside his wallet. He goes on holiday and loses his wallet. That evening a stranger uses his bank card to withdraw cash. What is the bank’s liability  … Read more

Monday | 07 December | 2020 Antenuptial contract drawn up at home valid and enforceable?

By Sanette Viljoen Facts: John and Sarah are married out of community of property. After many years they have built up a number of successful businesses. They decided together to raw up an agreement that stipulated that they see themselves as married in community of property. The marriage is floundering and they want to divorce.  … Read more

Monday | 07 December | 2020 How can I amend a deed of trust?

By Sanette Viljoen In essence a trust is an agreement or contract between the founder of the trust, the trustees and the beneficiaries of the trust. The deed of trust assumes the form of this agreement or contract. The trustees of a trust may only act in accordance with the provisions of the deed of  … Read more

Tuesday | 01 December | 2020 What happens to my lease agreement if the Lessor dies?

By Sanette Viljoen For many people in South Africa a rental home or flat is the only option. The reason for this could be financial or due to the nature of the lessee’s work. However, there is still a lot of uncertainty about the stipulations of a lease agreement, especially regarding the termination thereof. This  … Read more

Tuesday | 01 December | 2020 Tenants’ rights

By Marli Naidoo Many people prefer buying a house rather than renting one. This is definitely less complicated than owning one. The owner does get rent, but he is still at the mercy of the property market and hidden costs. And he can only hope that his tenants will take good care of his house  … Read more

Tuesday | 01 December | 2020 Can I resign after disciplinary action, prior to sanction?

By Nico Strydom In a recent verdict the Labour Court considered whether an employee who had been found guilty of serious misconduct could avoid dismissal by resigning prior to the employer imposing the sanction. Mpumelelo Nxumalo, Nivaani Moodley and Shane Johnson of the legal firm Webber Wentzel have written an opinion article regarding the verdict.  … Read more

Tuesday | 01 December | 2020 ‘Horseplay’ in the workplace

By Adele Orton The Collins Dictionary defines “horseplay” as “rough play in which people push and hit each other, or behave in a silly way”. Although employees may not have an intention to hurt or harm another employee in horseplay, they seldom realise that a playful game or a prank can go awry, resulting in  … Read more

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