Archive for Oct 2017

CHILD MAINTENANCE IN ARREARS? THE CONTEMPT OF COURT ENFORCEMENT OPTION

“It has regrettably become all too common in divorce litigation that allegations are traded back and forth between the parties, with scant regard for the obligation to comply with orders issued by the court … The rights of the child become relegated to matters of secondary, or sometimes no importance, while the battle between the…

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CREDITORS AND DEBTORS: IMPORTANT NEW PRESCRIPTION JUDGMENT

“Running into debt isn’t so bad. It’s running into creditors that hurts” (Unknown) Debts prescribe (become uncollectable) after a specified period of time – 3 years for most run-of-the-mill debts but 30 years for others such as judgment debts, mortgage bond debts, property rates and tax debts. Various other periods apply to specific statutory debts…

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CLOSING DOWN THE GUESTHOUSE NEXT DOOR: NOTES FOR OWNERS AND NEIGHBOURS

“You can be a good neighbour only if you have good neighbours” (Howard E. Koch, playwright) You decide – for whatever reason – that your neighbour’s new guesthouse is definitely not first prize in your sleepy and peaceful suburb, so you investigate. You find out that the local municipal zoning scheme doesn’t allow anyone to…

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REINSTATEMENT FOLLOWING PROCEDURAL UNFAIRNESS IN RETRENCHMENT

The case of Woolworths (Pty) Ltd v SACCAWU obo Moeng and Others (LAC ja56/201) involved a dismissal for operational requirements in terms of section 189A of the LRA, where the court dealt with the appropriate way to order reinstatement in terms of s 189A (13) as a result of procedural unfairness following a s 189A…

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FIGHTING FAKE NEWS

“Beware of false knowledge; it is more dangerous than ignorance” (George Bernard Shaw) “Fake News” is big business in 2017.  Social Media in particular is increasingly awash with it because it is so easily propagated via unsuspecting readers duped into endorsing and sharing it.  The problem is that our brains are literally programmed to get…

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DO YOU NEED AN “ADVANCE DIRECTIVE” OR A “LIVING WILL”?

“Life is pleasant. Death is peaceful. It’s the transition that’s troublesome” (Isaac Asimov) If you don’t want to be kept artificially alive – without your consent and perhaps in pain and distress – long after your medical condition becomes hopeless, you need to communicate your decision now to the doctors, hospitals and loved ones who…

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SMALL BUSINESSES AND POPI: NOT CRYING WOLF THIS TIME?

“Crying wolf is a real danger” (David Attenborough) POPI (the Protection of Personal Information Act) will provide welcome protection for our personal information – our names, ID numbers, addresses, medical histories and so on. But the other side of the coin is that it will expose small businesses in particular to a whole new raft…

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HOW THE “HISTORICAL RATES” JUDGMENT AFFECTS YOU

“It is declared that, upon transfer of a property, a new owner is not liable for debts arising before transfer from the charge upon the property …” (Constitutional Court Order) How does the recent Constitutional Court decision on “historical rates” affect you in practice? Understanding the issue At issue was that some municipalities would force…

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