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Monday | 23 August | 2021 Stopping someone who owes me money from leaving the country?

By Sanette Viljoen There used to be a procedure in South Africa known as arrest tanquam suspectus de fuga for arresting and detaining a person pending an application for security for debt. In the case of Malachi v Cape Dance Academy International (Pty) Ltd and Others 2010 (11) BCLR 1116 (CC) the Constitutional Court dealt  … Read more

Monday | 16 August | 2021 How can I get rid of a trust beneficiary?

By Sanette Viljoen Approximately 95% of trusts in South Africa are discretionary family trusts. Such a discretionary trust is distinguished from a trust, where the beneficiaries have established rights to receive a certain portion of the profit and capital of the trust. The most common trust or family trust is a discretionary trust. In the  … Read more

Monday | 16 August | 2021 Did AARTO points system take effect on 1 July as planned?

By Sanette Viljoen Currently the new AARTO points system and its implementation is creating a lot of confusion among the public. Everybody expected the system to take effect on 1 July 2021. However, the Minister of Transport, Fikile Mbalula, confirmed on 1 July 2021 that the system will not take effect as planned. On 1  … Read more

Monday | 02 August | 2021 Prescription of municipal debt

By Sanette Viljoen The Prescription Act (Act 68 of 1969) stipulates that debt will be extinguished through prescription after a certain period. Various types of debt have different prescription periods. There are also certain events that preclude prescription, such as any form of tax, which is prescribed only after 30 years, while money you owe  … Read more

Monday | 26 July | 2021 Municipal rates and taxes: The owner’s obligation

By Sanette VIljoen Property rates and municipal accounts legally obligate every property owner, as well as every consumer of municipal services, for payment thereof. Section 229 of our Constitution stipulates that municipalities may levy property rates as well as fees for the rendering of services to a property, for example providing water and the removal  … Read more

Monday | 26 July | 2021 Firearms: Report refutes Cele’s reasons for intervening

By Dr Eugene Brink The period for commentary on the controversial proposed amendments to the Firearms Control Act (Act 60 of 2000) has been extended from 4 July 2021 to 3 August 2021. The South African Arms and Ammunition Dealers Association (Saaada) and the Confederation of Hunting Associations of South Africa (Chasa) succeeded in convincing  … Read more

Monday | 26 July | 2021 Minor car crashes may now be reported online

By Sanette VIljoen As a result of the lockdown, the national road safety system has made it possible for the public to report minor motor vehicle accidents online. The national road safety legislation stipulates that one is obliged to report the accident within 24 hours after a motor vehicle accident or before the end of  … Read more

Monday | 19 July | 2021 Is a will valid if signed by only one witness?

By: Sanette Viljoen The Wills Act no 7 of 1953 prescribes certain requirements that a will has to comply with to be valid. These requirements include the following, among others: The will must be in writing. Each page must be signed by the testator in the presence of two witnesses. Each page must be signed  … Read more

Monday | 19 July | 2021 Is it fair to dismiss employee who was exposed to Covid-19?

By Anja van den Berg Is it fair to dismiss an employee who came to work, knowing he was exposed to Covid-19? Is it reasonable to terminate an employee who clocked in at the workspace knowing that he or she had been exposed to Covid-19? “Without a doubt”, said the Labour Court in a recent  … Read more

Monday | 19 July | 2021 Businesses must also protect employees’ personal information

By Nico Strydom Much has been said recently about big technological role players that should put the privacy of consumers first and make data privacy one of their core values. Businesses are fast making sure that they offer the digital consumer a safe space where their data will be protected 24 hours a day. And  … Read more

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