Articles
NEWS ITEM
Water Laws and the environment
Water-A hot and important topic on all South African’s lips, particularly if you are a Capetonian. However, severe water shortages could affect one-third of the global population by the year 2025, which will extend well beyond arid and semi-arid countries. This was...
Reviving Prescribed Debts
In terms of the Prescription Act 68 of 1969 most debts prescribe within three years. It seems obvious that once a matter has prescribed, that is where it ends. The problem starts where the Debtor has no idea the debt has prescribed and continues to make payment or...
Founding and confirming jurisdiction in terms of the Magistrates Court Act 32 of 1944, as amended
In order to institute action proceedings against an individual in a court of law, the court will only issue a summons commencing the action in respect thereof, if they have jurisdiction to do so. In terms of Section 28 of the Magistrate’s Court Act 32 1944, as amended...
‘Double jeopardy’ – When will courts disregard this rule
It is trite that in criminal proceedings a person cannot be tried for the same crime twice, once that person has been acquitted by a competent Court of Law. It has generally been accepted that Employees cannot be subjected to more than one disciplinary enquiry for the...
South African Commercial law: Venture capital companies in terms of section 12 – an introduction
One of the main challenges to the growth of small and medium-sized businesses is access to finance. To assist, South African Commercial law has evolved and Government has implemented a tax incentive for Investors in these enterprises through a venture capital company...
Using a Notarial Bond to provide security for the repayment of money lent and advanced
Securing credit is a very sensitive subject as most South Africans have fallen into the trap of loaning money to a friend, family members, a colleague or a business partner with the promise of receiving the full amount plus interest back, in no time. However, the real...
The execution process and the effect that judgment may have on a debtor’s moveable and/or immovable property
Once a judgment has been obtained against a Debtor through action proceedings, the Debtor is obliged to settle the judgment debt or make an arrangement with the Creditor to pay off the said debt. If a Debtor does not settle the judgment or approach the Creditor...
Termination of a debt review application/order
The National Credit Act No 34 of 2005, as amended, (hereinafter referred to as “the Act”) makes provision for debt review. Debt review is a debt rehabilitation program in which the restructuring of a consumer’s debt is made and implemented as a repayment plan. This is...
Labour Laws Amendment Bill – Leave Amendments for Parents
On 28 November 2017, the National Assembly passed the Labour Laws Amendment Bill (“Bill”). The Bill seeks to provide for parental leave, adoption leave and commissioning parental leave. It also provides for the payment of parental benefits, as well as commissioning...
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