Entries by admin

PROPERTY BUYERS: BEWARE UNLAWFUL OCCUPIERS!

You are it seems in good company if you view times of depressed property prices and general uncertainty as a great buying opportunity. Just be aware that if it is a house you are after, whether as an investment or to live in, you should do your homework if the property is (or might be) […]

NEW MONETARY THRESHOLD FOR SMALL CLAIMS COURT

As from 01 April 2019, the monetary jurisdiction of the Small Claims Court will increase to R20 000 (as per Government Gazette, GG 42282, GoN 296 dated 5 March 2019). The Small Claims Court provides a quicker and cheaper method of pursuing civil claims that fall within the stipulated threshold. Often claimants abandon part of their […]

BEWARE THE BUILDING DEADLINES WHEN BUYING-TO-BUILD

Here’s yet another warning from our courts to take seriously the building deadlines commonly imposed on buyers of plots in residential estates. Failure to comply with them could expose you to heavy fines, recurring penalties and even the risk of losing your plot altogether. A Home Owners Association (HOA) imposed “double levy” penalties totalling R105k […]

DOES THE THREAT OF CIVIL AND CRIMINAL ACTION RENDER EMPLOYMENT INTOLERABLE ALLOWING FOR A CLAIM OF CONSTRUCTIVE DISMISSAL

  In the matter of Nokeng Tsa Tacmane Local Municipality vs Louw, the Labour Appeal Court settled this question. In brief, Louw had been charged with various acts of misconduct and suspended for approximately six months.  In an attempt to evade the enquiry Louw opted to resign should he be paid three months’ salary as […]

TEN THINGS TO LOOK FOR WHEN BUYING A HOUSE

Buying a house is a bit like planning for your wedding day — there are months packed with excitement, stress, planning, and then, finally, the big payoff. 1. Recognise a roof in need of repair Before you ever set foot inside, check out what’s happening on top. Does the roof look relatively new or is […]

TRAVELLING ABROAD? KNOW LOCAL LAWS OR RISK JAIL

“Ignorance of the law is no excuse” (old Roman law principle applied in many legal systems worldwide) Whether you travel abroad on business or on holiday, ignorance of local laws can easily land you in a situation where your protestations of “But I had no idea that that is illegal here, it’s totally legal in […]

EDCON CLUB FEE RULED LAWFUL

The Edcon Group (“Edcon”) has successfully appealed the finding of the National Consumer Tribunal (“the Tribunal”) that Edcon unlawfully charged its customers Club fees and was in contravention of the National Credit Act 34 of 2005 (“the NCA”). Following a complaint initiated by the National Credit Regulator (“the Regulator”), the Tribunal made a ruling that […]