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Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One
3 February 2021
With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find themselves in financial difficulty. If you end up litigating against any of them the last thing you will want to do is to throw good money after bad. And whilst fighting a court case and winning against a recalcitrant debtor is all very well, it’s a hollow victory if by the time you come ...
Be Prepared for The Cost of Dying
Be Prepared for The Cost of Dying
3 February 2021
No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be prepared. The loss of a loved one is always distressing. It can however be compounded by the challenge of dealing with their assets. Few people appreciate all the costs involved in settling an estate. Understanding these expen...
Buying a Property: Check the Seller’s Marital Status!
Buying a Property: Check the Seller’s Marital Status!
3 February 2021
If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status with something more than what the seller tells you. Your risk comes in if the seller is married in community of property. That’s because, whilst our law generally allows spouses in such a marriage to “perform any juristic act with r...
Arrest and a Criminal Record for Not Wearing a Mask
Arrest and a Criminal Record for Not Wearing a Mask
3 February 2021
We all know that wearing a face mask is the right and the safe thing to do, but it is also a legal requirement – and it’s one that you really don’t want to breach. Firstly, can you be arrested for not wearing a mask? The short answer is yes, the amended Disaster Management Act Regulations providing that – Everyone (except children under six) must always wear a face mask (covering nose as we...
Cannabis in the Workplace: Can You Dismiss?
Cannabis in the Workplace: Can You Dismiss?
2 December 2020
A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression that employees are now free to report for duty under the influence of the ...
Grandparents – When Must You Pay Maintenance?
Grandparents – When Must You Pay Maintenance?
2 December 2020
One wonders how many grandparents are aware of (let alone plan for) the possibility that they may have a legal duty to support their grandchildren in certain circumstances. It could be a heavy blow – trying to navigate one’s retirement financially can be hard enough without suddenly having to maintain not only yourself and your spouse but also a grandchild, possibly for decades. And what about ...
What Must You Prove to Remove a Trustee?
What Must You Prove to Remove a Trustee?
2 December 2020
Trustees are of course supposed to work together to protect and further the interests of their trust and its beneficiaries, but the fact is that on occasion serious disputes can and do arise. If settlement negotiations fail and if there is no alternative but to forcibly remove a trustee our courts have the power to do so, on the application of either the Master of the High Court or of “any pers...
Before You Buy or Sell Property this Festive Season…
Before You Buy or Sell Property this Festive Season…
2 December 2020
Our Festive Season is always a busy time for property sales, and this year should be no different – pent up demand, increased affordability, relocations, record low interest rates and availability of bonds are all factors likely to drive a busy property market for at least the next few months. If you are one of the many property sellers or buyers planning to take advantage, you are in for an ex...
Friends and Lovers: Before You Lend Out Your Car…
Friends and Lovers: Before You Lend Out Your Car…
2 October 2020
What happens if you lend your car to a friend (or, as happened in the High Court dispute we will refer to, a lover) who refuses point blank to give it back when asked to do so? Can you simply go to court and say “Here are the registration papers. They prove that it’s my car so no matter what, I am the owner and entitled to get it back, end of argument”? That might seem logical but as we shal...
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