CREDIT BUREAUS: CAN I BE BLACKLISTED?

CREDIT BUREAUS: CAN I BE BLACKLISTED?

There is no such thing as a black list. It simply means that there are negative data on your credit report that is hosted at a Credit Bureau. This negative data can be anything, from a plain collection on one of your loans right through Judgment data or even Debt review. This negative data will have an impact on your ability to get loans or open retail accounts as the credit provider will see this negative behaviour towards your current…

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UNOPPOSED AND OPPOSED DIVORCE: WHAT’S THE DIFFERENCE?

UNOPPOSED AND OPPOSED DIVORCE: WHAT’S THE DIFFERENCE?

My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce, but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want to get divorced. There is a process, called a ‘rule 58’ application, whereby you can ask the court to give…

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WE ARE PROUD!

WE ARE PROUD!

We are proud to announce that two of our Attorneys obtained further qualifications. Riëtte Smuts was admitted as a Notary Public and Michelle Taljaard was admitted as a Conveyancer. Riëtte matriculated in 2002 and completed her diploma in Secretarial Studies in 2004 at Durbanville College.  She started her career as a conveyancing secretary in November 2004.  She studied part-time through UNISA from 2006 and obtained her LLB degree in 2012. She completed her articles at Honey Attorneys (now Brink de…

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CHALLENGING ADMINISTRATIVE ACTION

CHALLENGING ADMINISTRATIVE ACTION

The municipality authorises the development of a nightclub in your neighbourhood. You and your neighbours are concerned about this and want to challenge the municipality’s decision. Such a decision by a municipality, or another organ of state, has ‘direct and immediate consequences for individuals or groups of individuals’ and amounts to administrative action. When administrative action adversely affects the rights of an individual then the administrative action may be judicially challenged on 3 grounds: (1) lawfulness; (2) procedural fairness; and…

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IS YOUR BUSINESS LEGALLY COMPLIANT?

IS YOUR BUSINESS LEGALLY COMPLIANT?

Compliance refers to a company obeying all of the legal laws and regulations regarding how they manage the business, their staff, and their treatment towards their consumers. The point of compliance is to make sure that corporations act responsibly. Is compliance for every business the same? Certain businesses may be required by law to register with an industry association. For instance, if you want to practice as a public auditor and issue an opinion on assurance engagements, you must be…

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CO-OWNING PROPERTY WITH SOMEONE ELSE: THE UPS AND DOWNS

CO-OWNING PROPERTY WITH SOMEONE ELSE: THE UPS AND DOWNS

What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the property in different shares; for instance, one person owns 70 percent and the other 30 percent of the single property. The different shares can be…

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FULFILLING DUTIES OUTSIDE OF YOUR JOB DESCRIPTION.

FULFILLING DUTIES OUTSIDE OF YOUR JOB DESCRIPTION.

It often happens in the workplace that an employee is requested to assist in other departments, when such need arises due to sickness, resignation or the like. For example, Linda, a secretary in the bookkeeping department, is requested to assist the sales department with secretarial duties while Janet is on maternity leave. In the above example, Linda’s normal working hours are divided between the two departments and the request did not require of her to work any additional hours, over…

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GROUNDS TO CHALLENGE A WILL

GROUNDS TO CHALLENGE A WILL

My dad married again and his children with his other wife inherited, but not us. On what grounds can we challenge his will? In order to make a valid will, the testator must have the necessary testamentary capacity. A will is presumed to be valid until its invalidity has been established and the onus is on the person alleging the invalidity, to prove the allegation. No person in terms of the South African law has the right to inherit. However…

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CANCELLING A LEASE AGREEMENT EARLY

CANCELLING A LEASE AGREEMENT EARLY

If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it. If, on the other hand, one of the parties wants to cancel because the other is in breach of the contract, then certain notice periods come into effect – the first of which being,…

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WHO IS LIABLE AFTER A SPORTS INJURY?

WHO IS LIABLE AFTER A SPORTS INJURY?

Contact sports often lead to the players being seriously injured. Can anyone be held liable for these injuries? or are the players taking an inherent risk when participating in these sports? Case law has established some important principles when dealing with this issue. Is participation in dangerous sport consent? The issue was considered in the 2012 Supreme Court of Appeal-case, Roux v Hattingh. In this case the appellant seriously injured the respondent while performing an illegal and dangerous scrumming manoeuvre,…

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