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Month: January 2018

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 children and they love and respect her. These children are more often than not the ones who bring the sick or hurt animals to her to help mend. It is to these children that we decided to give the much needed stationery so that they may also start their new school year with at least some of the required items on the school’s list.

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We wish you all the best for 2018 and may you too make a difference in others lives.

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 out?

Firstly, a pre- and post-occupation inspection of the rental space must be completed before and after the tenant moves in. This inspection is the landlord’s responsibility and if he or she does not conduct the said inspection, they are then unable to claim against the tenant upon the lease expiration. The Rental Housing Act states that the tenant has the right not to have their home or property searched by the landlord, and thus, the landlord must give reasonable notice for inspection 3 days before the lease ends.

Regarding deposits, section 5 of the RHA states that, should there be damages incurred by the tenant under the said lease needing repair after the post-occupation inspection, the landlord must refund the remaining deposit amount, if any, to the tenant within 14 days. In the case where no claims for damages have been made by the landlord, and the tenant is debt free in terms of charges and rent, the deposit must be refunded within seven days following the lease expiration. A tenant who refuses to take part in the inspection process, and damages have been found, is liable to receive their remaining deposit 21 days from the expiration of the lease.

If a landlord refuses or has failed to refund the tenant their deposit, the tenant may approach the Rental Housing Tribunal.

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)

Reference

Rental Housing Act No. 50 of 1999. (2017). [PDF] Cape Town: Republic of South Africa, pp.6-7. Available at: https://www.gov.za/sites/www.gov.za/files/a50-99.pdf [Accessed 20 Nov. 2017].

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 the Basic Conditions of Employment Act (BCEA) No. 75 of 1997, provided you work for more than 24 hours a month.

Applicable law

As stated by the law, the payment periods acceptable for employers to pay their employees are daily, weekly, fortnightly or monthly. Section 32 (3)(a) of the BCEA states, “An employer must pay remuneration not later than 7 days after the completion of the period for which the remuneration is payable.” Should the employer fail to comply with this, the employee may then request, by letter of demand, an explanation from the employer. This letter may also be kept as proof for the employee should the matter require legal intervention.

Where to go

If the employee earns less that the threshold of R149 736.00 per year, they may approach the Department of Labour to lay a complaint of their non-payment. After filing the complaint, the Department of Labour will send an inspector to the employer to investigate the matter further, and an instruction of payment with an expected payment date will then be issued. Upon failing to comply with this instruction after various steps of intervention have been taken, then it will lead to some of the employer’s assets being sold to raise the outstanding monies.

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)

Reference

Basic Conditions of Employment Act. (2017). [ebook] Republic of South Africa, pp.15-16. Available at:

http://www.labour.gov.za/DOL/downloads/legislation/acts/basic-conditions-of-employment/Act%20-%20Basic%20Conditions%20of%20Employment.pdf [Accessed 30 Oct. 2017].

Retrenchmentassist.co.za. (2017). Employer’s Failure To Pay Your Salary. [online] Available at:

http://www.retrenchmentassist.co.za/index.php/ra-newsletters/100-employers-failure-to-pay-your-salary [Accessed 30 Oct. 2017].

GETTING MARRIED – YOUR NETT VALUE CAN BE KEPT PRIVATE

GETTING MARRIED – YOUR NETT VALUE CAN BE KEPT PRIVATE

Angela Baker and Stanton du Doit are both wealthy individuals but they enjoy maintaining an ordinary lifestyle. They consulted with a MHI notary who explained that their ante nuptial contract will be registered at the Deeds Office and will in effect be a public document. They enquired with their notary about whether there is an alternative option to keep their current financial position private. There is a solution to their problem; they can declare their nett commencement values of their respective estates by executing a statement in terms of section 6 (1) of the Matrimonial Property Act 88 of 1984.

Herewith are the necessary stipulations to comply with section 6 (1):

  • Ante nuptial contract must be executed and registered at the Deeds Office
  • The statement declaring their respective estates must be executed before the marriage is entered into or within 6 (six) months of the commencement of their marriage
  • The statement must be signed by both parties
  • The statement must be attested by a notary
  • The statement can be executed before the same notary that executed their ante nuptial contract or it can be executed by a different notary

Angela and Stanton’s net commencement value remains private as the section 6 (1) statement is not lodged and registered at the Deeds Office but is filed in the protocol of their notary before whom their ante nuptial contract was executed.

It is best to consult with your MHI notary to ensure that your section 6 (1) statement is executed according to the provisions of our law as failure to properly execute same will mean that your nett commencement value is R 0 and can have grave consequences at dissolution of the marriage.

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)