CANCELLATION BY EMAIL

CANCELLATION BY EMAIL

Grantham (Tenant) and Anthea (Landlord) concluded a written lease agreement in respect of a flat situated in Bellville. Grantham was unable to meet certain obligations in terms of the agreement and Anthea suggested in an email that they cancel the agreement. Grantham accepted her proposal and both parties ended their respective emails with their typewritten names at the end of the email. Anthea, however, could not get a new tenant in time and want to hold Grantham liable for the…

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DETERMINING THE GROUNDS FOR INFORMED CONSENT

DETERMINING THE GROUNDS FOR INFORMED CONSENT

If a person gives consent without acknowledging, understanding and considering their rights beforehand, is their consent legal and permissible in court? In eviction proceedings, it is questioned whether the granted eviction order may be cancelled after the unlawful occupiers had allegedly consented to it. Occupiers of erven 87 & 88 Berea v Christiaan Frederick De Wet N.O. A block of flats, Kiribilly, situated on erven 87 and 88 in Johannesburg was unlawfully occupied by 184 residents consisting of low income…

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CONFLICTING STATEMENTS IN COURT

CONFLICTING STATEMENTS IN COURT

With the number of videos being leaked on social media, regarding situations of assault, defamation and hate speech, it becomes that much easier for the defendant to be found guilty of such a crime as the proof is right there. The challenge comes with hearsay of contradictory statements, and the judge will then have to reach a decision based on probabilities of both the plaintiff and the defendant. Bota v Minister of Police (3910/2015) [2017] ZAECGHC 122 (16 November 2017)…

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MHI GOES RED

MHI GOES RED

February is the month of LOVE and everyone wore shades of red to celebrate. We were spoiled with delicious treats and fun. We even held a lucky draw to establish how many marshmallows could fit in a beautiful glass container. Kestrel was the winner that guessed spot on! Clarina from MES came to visit and presented Stefanus with a living gift. A mint plant that was grown by the GROW clients of MES. They have established herb and vegetable gardens…

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AM I STILL LIABLE FOR MY SPOUSE’S DEBT AFTER DIVORCE?

AM I STILL LIABLE FOR MY SPOUSE’S DEBT AFTER DIVORCE?

A husband and wife buy a house together. Their marriage takes a tumble, along with their ­finances, and they have to sell their home and are left with an outstanding mortgage bond. They subsequently got divorced. The couple is concerned about what will happen to the debts and who will be ­responsible for paying them. Who pays what after divorce? If the couple was married in ­community of property, the debt on the property is a joint debt. They will…

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THE 10 STEPS WHEN TAKING A DISPUTE TO THE CCMA

THE 10 STEPS WHEN TAKING A DISPUTE TO THE CCMA

If you have a dispute with your employer, you may want to ask the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to conciliate or even arbitrate your dispute. A union or employer’s organisation may also initiate this action. Furthermore, you do not need the other party’s consent before taking a matter to the CCMA. Steps for disputes at the CCMA According to the CCMA, the steps involved in resolving a dispute include: Step 1: In the case of an unfair dismissal dispute, you…

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GETTING RID OF NON-PAYING TENANTS: FIRST MAKE SURE THE PAPERWORK IS IN ORDER!

GETTING RID OF NON-PAYING TENANTS: FIRST MAKE SURE THE PAPERWORK IS IN ORDER!

Anyone who has ever been faced with having to evict tenants who are not paying their rent knows that it can be a long and frustrating (not to mention expensive!) process. The process can prove to be even more frustrating if the steps leading up to and including cancellation of the lease agreement (which is a prerequisite to any eviction application being brought) have not been dealt with properly and in terms of the lease agreement and applicable legislation. Below…

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GREAT BEGINNING TO THE NEW YEAR

GREAT BEGINNING TO THE NEW YEAR

After a blessed year in 2017, most of us could take some time off over the Christmas season to rest and recharge for another exciting year that lies ahead. We had not forgotten about the children of Blikkiesdorp and early this year we donated stationery and paper to the kids who had burrowed a deep place in our hearts. Our friend Clarina, that drives the Animal Ambulance and looks after the four legged animals of Blikkiesdorp knows most of the…

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RENTAL DEPOSITS RECLAIMED

RENTAL DEPOSITS RECLAIMED

What to know when your landlord has your deposit and has failed to pay it out You have viewed the new property and secured it by paying the correct deposit amount to the landlord. With the transition into your new space being as breezy as it was, no red flags were raised as to how your landlord could trick you going forward. How do you approach a situation where your landlord won’t pay you back your deposit after you move…

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ALL WORK AND NO PAY

ALL WORK AND NO PAY

What are your rights as an employee if your employer has not paid you?  Under some circumstances, your salary notification might pop in 2 days after the expected pay date due to banking with a different institution. But what happens when a few more days pass and no salary has reflected, even after you have checked with your bank? You may be tempted to wait it out and hope for the best, but as an employee, you are protected by…

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