Things you may not know about residential leases
The relationship between a landlord and tenant is governed by the Rental Housing Act, 1999 (Act No. 50 of 1999), which provides that: A lease
August 31, 2015
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Take caution before posting: social media and defamation
Facebook, Twitter, LinkedIn and Google+ have become the most effective and immediate way of conveying information. There are, however, some pitfalls that come with being
August 31, 2015
At what age can a child decide for themselves whether they want to maintain contact with the other parent
A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent? Answer: There
August 25, 2015
Is it fair to dismiss an employee based on a zero tolerance policy?
The Labour Appeal Court had to consider this in Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA 49/14) [2015] ZALAC 23. Shoprite
August 18, 2015
When an Emolument Attachment (or Garnishee) Order is invalid
Practical application of emoluments attachment order judgment for employers: University of Stellenbosch Legal Aid Clinic and 15 others v Minister of Justice and Constitutional Development
July 28, 2015
Can I exclude my pension benefits from an ANC with accrual?
A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits
June 25, 2015
Party married according to Islamic law entitled to share of spouse’s pension
The Office of the Pension Funds Adjudicator has reiterated it will not discriminate against parties married under the terms of Islamic law. This position was
June 22, 2015
Can a defendant ask a plaintiff company to put up security?
Until the arrival of the Companies Act 71 of 2008 (the Act) a defendant could have asked an incorporated company as plaintiff in litigation, to
June 15, 2015
Is an unregistered marriage contract binding on the parties?
In a recent case heard in the High Court of KwaZulu-Natal, (KS v MS [2015] JOL 33262 (KZD)), in a divorce action between the parties, two issues were
June 15, 2015
When can a CCMA award be set aside?
In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a
June 15, 2015