Archive for Jul 2017

DAMAGES FOR THE UNEXPIRED PORTION OF YOUR EMPLOYMENT CONTRACT

The decision in South African Football Association v Mangope concerned the premature termination of the respondent employee’s fixed three year contract of employment.  The employee did not seek to enforce his right not to be unfairly dismissed via the channel of the Labour Relations Act 66 of 1995 (LRA).  Instead he instituted action for the…

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WHEN CAN YOU BE ARRESTED FOR TRAFFIC OFFENCES?

It’s every motorist’s nightmare – being stopped by a traffic officer, arrested, and carted off to the local police cells.  Where you will likely languish (very, very unhappily by all accounts) until you are given “police bail”, or (in due course) taken to your first court appearance. But for what offences exactly do you risk…

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EVICTING YOUR TROUBLESOME TENANT: MORE PROBLEMS WITH PIE

“The effect of PIE is not and should not be to effectively expropriate the rights of the landowner in favour of unlawful occupiers.  The landowner retains the protection against arbitrary deprivation of property.  Properly applied, PIE should serve merely to delay or suspend the exercise of the landowner’s full property rights until a determination has been…

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TRUSTS: NEW DIRECTIVE ON INDEPENDENT TRUSTEES

If you plan to form a trust, you need to know about a new directive from the Chief Master of the High Court to all Master’s Offices in the country. The directive applies to all new trusts (those “registered for the first time”) by the Master. Following a series of court cases in which the…

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YOUR PROPERTY SALE AGREEMENT: BE CAREFUL HOW IT’S WORDED!

“In war and litigation, both sides suffer” (old Roman proverb) Here’s yet another reminder from our courts on how important it is – if you want to avoid the trials of litigation – for you to have your property sale agreement drawn up professionally.  One thing it must do, as the case in question clearly…

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