Traffic Fines and Admissions of Guilt – Will They Earn You a Criminal Record?

Legal
We live our lives beset by so many laws and regulations that even the most law-abiding of citizens will sooner or later be accused of some petty offence or other and then faced with the question “Do I fight this in court or do I just pay the fine and get on with it?” Tread carefully here – paying a fine and getting it over and done with is one thing – burdening yourself with a criminal record for life is an entirely different kettle of fish. We discuss the expungement option, when you are at risk of acquiring a criminal record and when you aren’t, and the story of the grass seller who turned to the High Court for help after his admission of guilt fine came back to…
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Trustees at War: The Removal Remedy and Its Limits

Legal
What happens when a trust’s trustees fall out and go to war with each other? If a polite request to the minority trustee to resign bears no fruit, can the majority forcibly remove him or her? And if so, must they have good reason to do so? The first question of course is what the founding trust deed provides for such a situation, but a recent High Court decision lays additional ground rules for trustees that anyone involved in a trust (in any capacity) should know about. The case saw a mother facing off against three professionals (two auditors and an attorney) and the latter’s attempt to replace the mother with another trustee ran into troubled waters. The case When family infighting impacts a family trust, an early casualty is…
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When Should You Sue Rogue Employees? A R33m Example

Legal
Employers, ever mindful of the comprehensive legal rights and protections provided to employees by our labour laws, need to know that on the other side of the coin they too have rights, and that our courts will come to their aid where employee misconduct causes them loss. We discuss your employees’ obligations to you in the context of a recent High Court case involving a trusteed employee who, over a four year period, ran a R33m scheme to enrich himself at his employer’s expense. The case Employees have very strong rights in our law, but employers also have effective remedies when employees “go rogue”. A recent case of Sime Darby Hudson and Knight (Pty) Ltd v Lerena (9293/2013) [2018] ZAWCHC 94; (2018) 39 ILJ 2413 (WCC); [2018] 4 All SA 446 (WCC) , in…
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Property Buyers: Beware Unlawful Occupiers!

Legal
If you plan to buy a house before the property market starts to recover from its present doldrums, be aware of the risks you face if anyone is currently in the property. A recent High Court decision of Pure Capital Property Trading CC v Hanslo and Others (15217/2018) [2018] ZAWCHC 137  illustrates the danger of your being unable to evict unwelcome occupiers who point-blank refuse to leave. We’ll analyse that decision, and the lessons to be learned from it, after summarising the two things that PIE (the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act) requires you to prove before a court will grant you an eviction order. We’ll end off with some practical advice on how to avoid this sort of problem in the first place. The case You…
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