Brand-New Car Giving You Nightmares? CPA to the Rescue

“The Consumer Protection Act 68 of 2008 (CPA) establishes a broad and comprehensive scope for consumer protection. Its purview includes developing and maintaining a consumer market in such a way as to ensure fairness, accessibility, effectiveness, sustainability and responsibility for the benefit of consumers” (Extract from judgment below) You drive your brand-new car home, eager [...]

By |2024-07-22T10:27:19+02:00July 1st, 2024|Commericial, Litigation|Comments Off on Brand-New Car Giving You Nightmares? CPA to the Rescue

Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords [...]

By |2021-09-02T08:38:50+02:00September 2nd, 2021|Commericial, Property, Property Law|Comments Off on Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

Estate Planning and Wills: A Checklist to Protect Your Family

“Don’t fear death, plan for it” (Anon) Amazingly, here we are in the middle of a deadly pandemic yet still some 70% - 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed   When you die your grieving [...]

By |2021-09-02T08:31:53+02:00September 2nd, 2021|Commericial, Estates, Property|Comments Off on Estate Planning and Wills: A Checklist to Protect Your Family

Noisy Neighbours – Your Rights, and Buyers Beware!

“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case” below) Consider this unhappy scenario – you buy your dream home [...]

By |2021-08-02T16:22:09+02:00August 2nd, 2021|Commericial, Property|Comments Off on Noisy Neighbours – Your Rights, and Buyers Beware!

Buying Property from a Company – Should You Buy the Shares or the House?

"There is never a wrong time to buy the right home" (Anon)     You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the [...]

By |2021-07-02T09:02:14+02:00July 2nd, 2021|Commericial, Estates, Property, Taxes|Comments Off on Buying Property from a Company – Should You Buy the Shares or the House?

11 POPIA Questions to Ask Yourself Before 30 June 2021

Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business are at substantial risk if you aren’t fully compliant with POPIA (the Protection of Personal Information Act) on [...]

By |2021-06-01T14:31:21+02:00June 1st, 2021|Commericial, Property|Comments Off on 11 POPIA Questions to Ask Yourself Before 30 June 2021

Companies: Are Restraints of Trade Valid in a Time of Covid?

Consider this unhappy (but not unlikely) scenario: For whatever reason, you part ways with your fellow director/shareholder (or perhaps a key employee), who goes off immediately to join (or found) the opposition.  Now you have a major problem – he/she was privy to all your trade secrets and confidential information and they are now being [...]

By |2021-05-17T12:21:42+02:00May 17th, 2021|Commericial|Comments Off on Companies: Are Restraints of Trade Valid in a Time of Covid?

Workplace Bullying – Can You Claim Constructive Dismissal?

“…it has been suggested that bullying refers to any unfavourable or offensive conduct on the part of a person or persons, which has the effect of creating a hostile workplace environment… In these terms, bullying includes a wide range of insulting, demeaning or intimidating behaviour that lowers their self-esteem or self-confidence of an employee” (quoted [...]

By |2021-01-26T12:41:58+02:00January 26th, 2021|Commericial|Comments Off on Workplace Bullying – Can You Claim Constructive Dismissal?
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