February 18, 2016

Bail or not

Bail or not People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding whether someone should be let out on bail or not will be discussed. This will allow us to better understand why someone has been released on […]
January 27, 2016

When does a claim prescribe?

When does a claim prescribe? The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Supreme Court of Appeal came to […]
January 27, 2016

What is the role of the Family Advocate?

What is the role of the Family Advocate? The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce Consent Papers are in the best interest of any minor children involved. The public can, however, also have access to the […]
January 27, 2016

Co-ownership of land

Co-ownership of land The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, and may not be held to represent a defined portion of land. A co-owner who holds a share in land does not hold title to a […]
January 27, 2016

Constructive dismissal: A last resort?

Constructive dismissal: A last resort? Dear Mr Lawyer, my employer is making working conditions unfavourable and I am unhappy with her management style. This cannot carry on and I want to resign. Can I claim constructive dismissal because she is the reason I want to resign? Constructive dismissal has become a convenient escape for disgruntled […]
December 10, 2015

Inter-Vivos Trusts and Testamentary Trusts

Inter-Vivos Trusts and Testamentary Trusts Much ignorance exists regarding the use of trusts during bequests. This article will endeavour to shed some light on this important issue. An Inter-Vivos Trust is also known as a living or family trust as it is set up during your lifetime. A trust is the ideal long term structure […]
December 10, 2015

What is the cost of my estate duty?

What is the cost of my estate duty? In terms of the stipulations of Article 4 of the Act on Estate Duty No 45 of 1955 certain deductions (known as rebates) from the net value of an estate are allowed in order to determine the final value of the estate which will be subject to […]
December 10, 2015

Entertainment at your local restaurant or nursery: Who bears liability for your child’s injury?

Entertainment at your local restaurant or nursery: Who bears liability for your child’s injury? We often hear of accidents in which a child or toddler is injured. Has this become something which society accepts as the norm … that accidents do happen? Who bears liability in this case and who is responsible for safety in […]
December 10, 2015

Why is the transfer of my property taking so long?

Why is the transfer of my property taking so long? After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are informed of the process involved prior to the property being transferred this may place a damper on their excitement. […]
October 29, 2015

Claims from the Road Accident Fund

Claims from the Road Accident Fund In terms of current legislation, the Road Accident Fund (RAF) is entitled to offer undertakings or guarantees to a Plaintiff who is in the process of instituting a claim against the Fund. The fact that an undertaking is offered instead of a traditional lump sum payment has certain positive […]

Stay Home. Stay Safe. Stay Informed: www.sacoronavirus.co.za

X