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July 1, 2016

Occupiers who can’t be evicted under the EST Act

Occupiers who can’t be evicted under the EST Act The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (PIE Act) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit […]
July 1, 2016

The Living Will

The Living Will Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor to manage his or her estate and provide for the distribution of his or her property to beneficiaries when he or she dies. But how many […]
July 1, 2016

Be careful what you write or say

Be careful what you write or say Many people may not consider the things that say in public or write online. This is often because of the right of freedom of expression. However, defamation can be a harsh reality for those who believe they can say what they want without consequences. Typically, the law of […]
June 14, 2016

Did your child use your credit card online?

Did your child use your credit card online? Perhaps, you left your credit card lying around and your child thought it was a good idea to use it for online games. You’ve lost a lot of money as a result, so you’ve decided to cancel the online contracts. Are the contracts entered online by minors, […]
June 14, 2016

What is meant by real security?

What is meant by real security? Real security means that, on the basis of a creditor’s right against the debtor (principal debt), a creditor acquires a limited real right in the property of the debtor as security for the payment of the creditor’s right (principal debt) by the debtor. Real security differs from personal security […]
June 14, 2016

Who may be appointed as director?

Who may be appointed as director? Certain people are not eligible to be appointed as directors of a company. In this article we look at who is disqualified from being a director as well as the effects of the actions of such persons while still acting as director. A company must not knowingly permit an […]
June 14, 2016

Donations

Donations Whether you are thinking of helping your son financially to enable him to purchase his first property or donating money towards a worthy cause, there are some things to keep in mind. A donation is defined in the Income Tax Act No 58 of 1962 as “any gratuitous disposal of property including any gratuitous […]
May 13, 2016

Validity of Antenuptial Contracts

Validity of Antenuptial Contracts One must be careful when drafting and signing an Antenuptial Contract. Aside from ensuring that the contents is all correct, one must also ensure that all the necessary provisions are contained therein to make the contract valid. The consequences of neglecting to do so may result in a marriage in community […]
May 13, 2016

Rescission of judgement

Rescission of judgement Imagine receiving the nasty surprise that default judgement has been entered against your name because of a summons that you have never even received. It is necessary that you know the procedure of how to rescind a default judgement to get you out of this unwanted situation. Many people are confronted with […]
May 13, 2016

Basic Conditions of Employment

Basic Conditions of Employment There are basic standards which are set out in the Basic Conditions of Employment Act 75 of 1997 which regulate, amongst other, the working hours that employees are permitted to work. Whether these conditions are enforced in practice, however, is uncertain. The Basic Conditions of Employment Act 75 of 1997 (BCEA) […]

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