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Keep left to stay on the right

Keep left to stay on the right

Duties of a reasonable driver:

Among the duties of a motorist are: to keep a proper look-out, drive at a reasonable speed, observe the rule of the road (keep to the left), allow for lateral movement, follow another vehicle at a safe distance and maintain his vehicle in a roadworthy condition.[1] These duties may seem obvious to the reader, but the high amount of accidents on the South African roads are an indication that a lot of motorists don’t go to the trouble of adhering to the most basic requirements a motorist is expected to follow.

The rule of the road:

Because the observance of the rule of the road – which requires traffic to keep to the left of the centre of the road – is of such importance, a motorist keeping to his side of the road is entitled to assume that approaching traffic will do likewise. Even when an approaching vehicle is on its incorrect side of the road, a driver on his correct side should assume that the former will return timeously to its correct side of the road. A driver who becomes aware of a dangerous situation must however still do everything in his/her power to avoid an accident, and if it is possible to avoid an accident by swerving to the opposite side of the road, given that there is no traffic coming from the opposite direction, must do it. However, very rarely, will a driver be acting unreasonably by remaining on his correct side of the road.[2]

A large number of accidents do, however, occur due to one vehicle overtaking another when it is not safe to do so. When the driver of a vehicle is about to overtake and pass another vehicle, it is the duty of the driver to keep a proper lookout to establish whether he/she can safely overtake.[3] If a driver overtakes another vehicle when it is not safe to do so, the onus cannot possibly be placed on traffic coming from the opposite direction to avoid an accident. It remains the duty of the overtaking vehicle to ensure that it is safe to do so, and should it come to the driver’s attention that he/she will not be able to overtake without colliding with traffic from the opposite direction, he/she must apply his/her brakes and get back in the lane in which he/she was originally driving as soon as possible.

Duties of a reasonable driver in a sudden emergency:

In deciding what the reasonable driver would have done in the position of a driver who is faced with a sudden emergency, allowance must be made for the inevitable time lag between observation and reaction, as affected by the agony of the moment, the element of surprise, and the likelihood of momentary indecision.[4] The standard of care which a reasonable driver ought to exercise when driving in the ordinary course of events is, therefore, lowered when the driver is faced with a sudden emergency.

Where a Plaintiff is put in jeopardy by the unexpected and patently wrongful conduct of the defendant, it seems to be irrational to examine his/her conduct under a microscope and to try to envision what steps the Plaintiff could have taken to avoid an accident. To do so would be to ignore the penal element in actions on delict and to punish a possible error of judgement as severely as, if not more severely than, the most blatant disregard of the safety of others by the Defendant in overtaking a vehicle when it is not safe to do so.[5]

What constitutes prima facie proof of negligence?

When a motor vehicle drove on the incorrect side of the road and collided with an approaching vehicle, it has been held that negligence can be inferred from the nature of the accident, because the only reasonable inference was that the defendant’s driving on to the incorrect side of the road at the moment of the accident was due to his failure to exercise proper care. Proof that a vehicle was on the incorrect side of the road at the time of the collision is prima facie proof of the driver’s negligence.[6]

Lack of evidence by Defendant with regards to negligence:

If the Defendant fails to produce evidence to negate the inference of negligence, his failure to do so tilts the scale in the claimant’s favour and the latter is entitled to succeed against the Defendant. A driver’s inability to give an explanation because he is suffering from amnesia cannot operate in his favour and to the Plaintiff’s detriment. If there is no evidence to rebut the evidence led by the Plaintiff as to the Defendant’s negligence, the Plaintiff’s version must stand.

Conclusion

A large number of accidents would be avoided if motorists stuck to the rule of the road, and only overtook other vehicles when it was safe to do so. All motorists should be held to a high standard of care when driving. However, such a standard would be lowered if a driver was faced with a sudden emergency, caused by another driver’s negligent driving. A vehicle driving on the wrong side of the road, who causes an accident, can be held to be prima facie negligent. Should a party who was in an accident not be able to remember the accident, the other party to the accident’s version must stand. Hopefully, the dire consequences of causing an accident, will dawn on more people, and encourage them to exercise more patience when driving.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

HOW TO PUT TOGETHER AN EXIT STRATEGY

HOW TO PUT TOGETHER AN EXIT STRATEGY

Preparing yourself and your business for your inevitable exit from that business, whether by choice or fate, is one of the most neglected aspects we see in small and medium enterprises.

That being said, we believe an exit strategy is critical not only in ensuring you achieve the best possible sale price on eventual exit, but also ensures that you realise the best possible returns from that business while you’re still around.

But what is an exit strategy? Essentially it is a plan for wrapping up your continued and essential involvement in a business, and can also be called succession planning. Depending on the available capacity in the business or your personal mind space, it is something that could take years to put in place, so best to start with it as soon as possible.

What are the essential aspects of a succession plan?

1. Define your planning window – how soon do you want out?

With a planning window comes urgency and focus. It defines whether you will exit at once or in stages, and also defines how resources should be concentrated in order to formulate the plan and execute on its ideals.

2. Get your accounting and legal frameworks in place

Astute buyers, whether external or internal, will most probably want three years of accounting records in place and will require full disclosure around all business dealings when conducting their due diligence in order to evaluate the commercial potential of the business.

3. Write down how things are done in your business

Standard operating procedures need to be documented, from simple things on how the shop is opened and closed on a daily basis, all the way through to how you can ensure that each and every client has the same service experience when dealing with your business. Templates for repeating tasks and formal job descriptions / detailed role clarifications for employees also form part of this aspect.

4. Remove yourself from the equation

You will realise the best possible sale price on exit from the business if it can thrive without you. If you have staff, give them the training and authority they require and delegate as far as possible.

5. Get a guideline valuation of your business

A professional opinion on the value of your business tends to manage not only your expectation of your eventual proceeds from an exit but also equips you with the requisite knowledge to ensure you can maximise the valuation of the business.

6. Work on your elevator pitch

Present the story of how you became involved in the business, the journey that you had and why you want to exit, as well as the future potential in the business.

Use the numbers as corroborating evidence and incorporate external facts and statistics to support your view on future potential.

The best potential outcome of this succession plan might even be for you to remain involved, but then having a more profitable and efficient business – one where you don’t need to be there every day.

And should you indeed exit, you will be able to realise a better price and increase the chances of your legacy being continued in the form of a successful and sustainable business.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

PROPOSED HARSHER PENALTIES FOR APPLICANTS WHO LIE ON THEIR CVS

PROPOSED HARSHER PENALTIES FOR APPLICANTS WHO LIE ON THEIR CVS

According to an IOL report dated 31 January 2019, the number of false qualifications is on the rise in the country, with 97 national qualifications that were found to be fraudulent and misrepresented during the period of October-November 2018. Therefore, as a response to this shocking statistic, the National Qualifications Amended Bill was introduced into the National Assembly and the changes discussed hereunder could be effected.

The National Qualifications Framework Act No. 67 of 2008 (“The Act”) is proposed to apply to every qualification and/or part-qualification that must be registered in terms of the Act. The South African Qualifications Association (“SAQA”) must, in order to advance the objectives of the Act verify all qualifications or part-qualifications and make a decision on the status thereof.

Any person who claims that a qualification or part-qualification has been awarded to him/her by an educational institution, skills development provider or foreign institution whereas in fact no such qualification or part-qualification has been awarded, will be guilty of an offence and will be liable on conviction to any sentence which may be imposed for an offence of fraud. This means that if an applicant lies on his/her CV about whether having the necessary qualification will be guilty of the offence of fraud.

Any person or educational institution who claims that he/she/it is offering any qualification or part-qualification that is registered in terms of the Act, whereas such qualification or part-qualification is not registered, is guilty of an offence and is liable on conviction to any sentence that may be imposed for the offence of fraud.

Any person or educational institution who claims that he/she/it is accredited by a legally recognised body to offer any qualification or part-qualification whereas no such accreditation was granted, will be guilty of an offence and will be liable on conviction to any sentence that may be imposed for the offence of fraud.

Any person who produces a certificate, diploma, degree, computer printout and/or any falsified records in connection with a qualification or part-qualification, to the prejudice of any other person, will be guilty of an offence and will be liable on conviction to any sentence that may be imposed for forgery.

Any person who passes off a certificate, diploma, degree, computer printout or any falsified records in connection with a qualification or part-qualification, to the prejudice of another person, will be guilty of an offence and will be liable on conviction to any sentence that may be imposed for uttering.

What if I help someone or know of any person who has falsified or incorrectly misrepresented the presence of a qualification or part-qualification?

Any person who conspires with any other person and/or incites, instructs, commands or procures another person to commit an offence in terms of this Act, is guilty of an offence of aiding, abetting, inciting, conspiring another person to commit an offence in terms of this Act and is liable on conviction to a fine or imprisonment not exceeding 3 (three) years or to both such fine and imprisonment.

What factors will the court take into consideration when sentencing an individual who has lied on his/her/their CV?

A court which imposes any sentence in terms of this amendment bill must, without excluding any other relevant factors, consider aggravating factors such as the extent of the prejudice and loss suffered by the complainant as the result of the commission of such an offence; and the extent to which the person gained financially, or received any favour, benefit or reward from the commission of the offence.

The proposed Amendment Bill is a step in the right direction in the combat of fraud nationwide. This has specific bearing on those candidates in high-profile employment positions such as, but is not limited to, CEOs and politicians.

Reference List:

  • National Qualifications Framework Act 67 of 2008.
  • National Qualifications Framework Amendment Bill (Government Gazette No. 40430 of 18 November 2016).
  • IOL report: 31 January 2019.

 
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

MHI SUPPORTS MOVEMBER

MHI SUPPORTS MOVEMBER

 

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Movember is the month formerly known as November, where men and women across the globe join together to raise awareness for men’s health, specifically prostate cancer, testicular cancer and men’s mental health.

Jurgens Tubb

 

 

 

 

Jurgens Tubb het sy verjaarsdag gevier en is bederf deur sy dames. Baie geluk!

Laasmaand hetons begin met veranderings aan ons Ontvangs- en Konsultasieareas. Alles vorder goed en ons is baie opgewonde om eersdaags die voltooide produk aan ons kliënte te wys. Dankie vir almal se geduld met die ongerief.

Kerspakkies

 

 

 

 

Ons Kerspakkies vir MES se kliënte het ook alreeds begin arriveer. Baie dankie aan almal wat ons help om hierdie projek te ondersteun. Die sluitingsdatum vir die pakkies is 4 Desember 2015.

MHI IS ONDER KONSTRUKSIE

MHI IS ONDER KONSTRUKSIE

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MHI is besig om ‘n gedaanteverwisseling te ondergaan. Tussen die stof en die verskuiwings behou ons nog ons humorsin en bly ons oop vir besigheid.

MHI beoog om met ons nuwe kliëntevriendelike omgewing selfs ‘n beter, meer doeltreffende diens aan ons kliënte te bied.   Ons hou julle op hoogte van ons vordering.

As per previous years, we are dedicated to also give back to the community and are we once again collecting Christmas Shoe boxes for the clients of MES.

A4_inner articleMES offers a holistic service to the homeless and unemployed community. They bring hope to these “thrown away people” by offering various programs in an attempt to better their lives and secure a better future. We want them to enjoy a sense of accomplishment and be rewarded for their hard work.

MES is hosting the GROW participants’ “graduation” where they have an award ceremony and receive special Christmas boxes.

Anyone who wish to contribute to these Christmas boxes are welcome to contact Estelle Rossouw on 021 910 8432 for further information.

Together we are changing the heart of the city!