Kategorie: Articles

Insurance on cars older than 10 years, or not

September 4th, 2018

By Tania du Toit In the reigning economic climate, the percentage owners of older vehicles is growing. A paid-off vehicle is a massive asset within a shrinking budget. Now you begin to wonder about that insurance premium: For how long will it make sense to still pay (expensive) car insurance on your older vehicle? Contrary  … Read more

Protection from the CCMA

August 27th, 2018

Do I enjoy protection from the Commission for Conciliation, Mediation and Arbitration (CCMA) when I work for myself and invoice clients?   The advice given is based on the differences in the definition of an employee and an independent contractor: In terms of Section 213 of the Labour Relations Act (No 66 of 1995), an  … Read more

Criminal slander vs a civil claim for slander

August 20th, 2018

By Sanette Viljoen One can bring a criminal claim for slander, but you can also bring a civil claim for slander. What is the difference between these two approaches? The most important difference lies in the burden of proof that rests on the state to prove criminal slander without reasonable doubt, while in a civil  … Read more

What must stay when I sell my house?

August 14th, 2018

By Sanette Viljoen Buyers and sellers regularly disagree about the fixtures on fixed property. This article will try to explain the basic principles of what qualifies as fixtures and what not. The leading authority on this is the case of Macdonald Ltd v Radin NO and the Potchefstroom Dairies and Industries 1915 AD 454. This  … Read more

My repossessed vehicle is sold on auction at a bargain price

August 14th, 2018

By Sanette Viljoen The purpose of an auction is to find a buyer who is willing to pay the highest price for an item. Such an auction can be with or without a reserve price. Without a reserve the highest bona fide bid is accepted and with a reserve it is the highest bid, but  … Read more

Dismissal of a domestic worker suspected of theft

August 14th, 2018

By Sanette Viljoen The facts: Employer suspects that domestic worker has been stealing. Domestic worker however denies all accusations. Domestic worker agrees to leave, but without any notice period, and decides immediately to approach the CCMA regarding unfair dismissal. Employers must make sure that they have definite evidence before dismissing or even just accusing an  … Read more

The current state of affairs regarding fire-arm licenses

August 13th, 2018

By Sanette Viljoen Newspapers and social media have recently been abuzz about the Constitutional Court case regarding fire-arm licenses. GOSA (Gun Owners SA) has taken on the National Commissioner and the Minister of Police in the Constitutional Court about the application for and renewal of fire-arm licenses. GOSA’s argument is that re-issuing of licenses is  … Read more

7 Years’ imprisonment for owner of an unroadworthy vehicle

August 10th, 2018

By Sanette Viljoen The road fatality figure in South Africa is excessively high. You can walk through any parking area and just look at the vehicles’ tyre tread to see that a large percentage of vehicles on our roads are unroadworthy. On 11 October 2013 a magistrate passed a sentence that hopefully will serve as  … Read more

Do I require a certificate for my electric fence?

August 8th, 2018

By Sanette Viljoen In South Africa an electric fence is a common occurrence. Every second home has electric fencing as a way of keeping the property safe. This necessity to regulate safety issues led to the promulgation of the Electric Machinery Regulations pertaining to the Occupational Health and Safety Act no. 85 of 1993, which  … Read more

I’m pregnant: My employer discriminates against me

August 7th, 2018

A woman who has just returned from maternity leave, has to deal with a difficult situation at work. She has decided to continue breastfeeding her baby and therefore has to express her breast milk at least twice a day. Her employer refuses to be considerate towards her in this regard and reprimands her about the  … Read more

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