WHAT HAPPENS AFTER SOMEONE IS ARRESTED FOR A CRIME?

WHAT HAPPENS AFTER SOMEONE IS ARRESTED FOR A CRIME?

Arrest is one of the lawful methods of securing the attendance of an accused person in court. It is also the most drastic method. Section 38 of the Criminal Procedure Act states that methods of securing attendance of an accused person include: Arrest; Summons; Written notice; and Indictment. The basic principle of South African criminal procedure is that of access to courts, in accordance with section 34 of the Constitution. When can a person be arrested? A person may be…

Read More Read More

CAN SOMEONE RECORD ME WITHOUT MY PERMISSION?

CAN SOMEONE RECORD ME WITHOUT MY PERMISSION?

Over the past few months, we have seen videos being posted on social media of physical altercations, poor service delivery and racial slurs, but the victims of the videos and audible recordings are usually unaware that they are being recorded. The recordings are conducted without their permission and then shared. But is someone allowed to record you without being granted permission and the share those recordings? Audio recording Audio recording includes the recording of conversations conducted over the phone, recording…

Read More Read More

UNDERSTANDING SALES

UNDERSTANDING SALES

You decide to buy a fridge and a washing machine on Gumtree. It is important to note that there are several elements involved in this seemingly simple sale: (1) the sale agreement; (2) the transfer of ownership; (3) the risk of damage to the items; and (4) defects in the item. (1) Sale Agreement The law distinguishes between the contract of sale and the actual transfer of ownership. These two are treated as separate events in the overall transaction. The…

Read More Read More

MHI WELCOMES A CONVEYANCER TO THE TEAM

MHI WELCOMES A CONVEYANCER TO THE TEAM

We are proud to anounce that we have appointed a new Conveyancer to join the team – Leigh Vencencie. Leigh matriculated at The Settlers High School and completed her studies at the University of Cape Town, where she obtained her LLB degree in 2013. She completed her articles of clerkship at Smuts & Co Attorneys and was admitted as an Attorney in February 2016 and Conveyancer in September 2017. Leigh joined the MHI team as a Professional Assistant to Jurgens…

Read More Read More

MHI IN THE WILD WILD WEST

MHI IN THE WILD WILD WEST

This year’s “Winterete” with the personnel and their other halves were held at Signal Gun in Durbanville. The venue was decorated in the Wild West theme and everyone was dressed the part. The Personnel committee made up of Zelda, Reinett and Wilna went above and beyond to plan a special evening. Stefanus even got the chance to shoot off the 300 year old canon. Kobus and Wilna with Hannes and Elna Denver, Liaan and Jessica smiling together. Chris and Michelle…

Read More Read More

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…

Read More Read More

FEARING FORECLOSURE: WHAT ARE YOUR RIGHTS AS THE HOMEOWNER?

FEARING FORECLOSURE: WHAT ARE YOUR RIGHTS AS THE HOMEOWNER?

The recent junk status announcement has shaken us into a quick action of tightening our belts and letting go of luxuries to afford our day to day expenses. This financial condition inhibits the possibility of purchasing a new house, let alone affording your current home.  Have you thought about what you would do if your foreclosure wiped its shoes on your doormat? You have the option to sell Selling, rather than waiting for foreclosure, offers a greater possibility of you…

Read More Read More

UPDATING OR DRAFTING YOUR WILL

UPDATING OR DRAFTING YOUR WILL

This year is coming to an end at a rapid speed. There is still so much to be done before the December holidays and the last thing you want to think about now is your personal affairs, especially your will. However, the reality is that according to the Road Traffic Management Corporation’s (RTMC) report from 1 December 2015 to 11 January 2016, 1434 fatal accidents occurred on South African roads and 1 828 persons died during this period. It is…

Read More Read More

Should I have to tolerate Corporate Bullying?

Should I have to tolerate Corporate Bullying?

Every employee has the right to be treated with dignity and respect in the workplace, and employees do not have to tolerate bullying by employers. Bullying in the workplace is a serious matter that should not be taken lightly; trying to ignore it may only make it worse. Fortunately, there are steps that can be taken to address the problem of a workplace bully, whether they are a colleague or your employer. Defining Bullying Workplace bullying links to feelings of…

Read More Read More

CONDUCTING SLAUGHTERING RITUALS IN YOUR OWN BACKYARD IN URBAN AREAS

CONDUCTING SLAUGHTERING RITUALS IN YOUR OWN BACKYARD IN URBAN AREAS

Slaughtering for the purpose of showing gratitude, asking for protection or asking for healing from ancestors has been an African cultural tradition dating back hundreds of years. Animals included in the rituals are chickens, goats, cows and sheep, depending on the nature of the ceremony. Many arguments strike between traditionalist and animal cruelty activists, especially when the tradition is conducted in urban areas, near other neighbours. However, for the neighbourhood to get along, compromises must be made. What laws protect…

Read More Read More