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When Can a Shop Be Sued for Damages If a Customer Falls?
When Can a Shop Be Sued for Damages If a Customer Falls?
1 December 2021
The Festive Season is once more upon us, cueing shops, shopping centres and malls packed with ever-growing crowds of shoppers. What happens if you fall while shopping and hurt yourself? Our law reports are full of cases where shops are sued for damages following “slips” and “trips”, and a recent High Court case of Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another (A116/20) [2021] ZAWCHC 3...
Selling Your Home: How to be Lucky this Holiday Season
Selling Your Home: How to be Lucky this Holiday Season
1 December 2021
History has not recorded whether Seneca himself was “lucky” in the property market of his time (Rome’s land registration records from two millennia ago have unfortunately not survived the ravages of time and Imperial collapse) but his wise words are as true today as they were then. The two key elements of a “lucky” sale To be “lucky” in finding the right buyer at the right price you need two key...
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
Unmarried Parents: A New ‘Notice of Birth’ Ruling for Fathers, with 3 Surname Choices
2 November 2021
New parents, married or not, are obliged by the Births and Deaths Registration Act (“the Act”) to register their child’s birth with Home Affairs within 30 days. However in regard to the actual process of giving this “notice of birth”, the Act has always distinguished between married and unmarried parents. In particular, unmarried fathers have until now been unable to register the child under th...
Exemption Clauses in Contracts – Fine Print Can Void Them
Exemption Clauses in Contracts – Fine Print Can Void Them
2 November 2021
For suppliers of goods or services, incorporating a strong, clearly worded exemption clause (a clause excluding or restricting your liability to the customer) into your contracts is an essential part of risk management. Just be aware of the restrictions that our laws place on them. As a recent Supreme Court of Appeal (SCA) judgment shows, your first hurdle in enforcing a disputed exemption clau...
Fired for a Racist Facebook Post
Fired for a Racist Facebook Post
2 November 2021
“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against its employees who are guilty of such conduct. South Africa...
Community Scheme Disputes and the Ombud’s Powers to Resolve Them
Community Scheme Disputes and the Ombud’s Powers to Resolve Them
2 November 2021
If you have a dispute with anyone in a “Community Scheme” - sectional title, Homeowners Association (HOA) or the like - remember that your first port of call should be the CSOS (Community Schemes Ombud Service). What disputes can the Ombud resolve? Disputes are inevitable in any community situation, with sources of conflict ranging from noise issues to problem pets, common area usage disagreemen...
Walking the “Compulsory Covid-19 Jab” Tightrope
Walking the “Compulsory Covid-19 Jab” Tightrope
1 October 2021
As the Covid-19 pandemic continues to wreak havoc around the world, an increasing number of businesses find themselves walking a tightrope between their obligations to, on the one hand, both protect the public and provide a safe and healthy workplace, and on the other hand to respect the individual constitutional rights of employees to make their own choices in matters of bodily and psychological ...
South Africans – Don’t Lose Your Own Citizenship When You Apply for Another!
South Africans – Don’t Lose Your Own Citizenship When You Apply for Another!
1 October 2021
A recent High Court judgment in Democratic Alliance v Minister of Home Affairs and Others (48418/2018) [2021] ZAGPPHC 500 has confirmed that you will lose your South African citizenship if you apply for citizenship of any other country without prior Ministerial permission. It is irrelevant whether you are South African by birth or not. It is also irrelevant why you want to acquire dual citizens...
Property Sellers: Why, How and When to Choose Your Own Conveyancer
Property Sellers: Why, How and When to Choose Your Own Conveyancer
1 October 2021
For many of us, our home is our most important asset so when it comes time for us to sell, do everything possible to ensure that your interests are fully protected, that the sale goes through quickly and smoothly, and that you are paid without unnecessary delay. Appointing the right conveyancer is key here. Let’s have a look at the “Why, Who, How and When” of it… Why do I need a conveyancing a...
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