The cost of losing a legal battle

I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded in the other party’s favour on a party and party scale. What do I need to pay, and how is this amount calculated? A Court is entitled to make an order […]

Beyond reasonable doubt: what does it mean?

We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are very familiar with the phrase, “beyond reasonable doubt”. But what does the phrase mean, and where does it fit in court cases? Background:  In litigation, there is a distinction […]

Buying or selling a home? Know the process

The transfer process is synonymous with building a house. The foundation must be laid and certain parts are built simultaneously in order for the process to be completed as one cannot be done without the other. There are many parties involved in a transfer process and each one has an important role to play. The […]

Resigning with immediate effect: Not as simple as it sounds

Employees often consider to immediately terminate their employment relationship due to a new opportunity arising or to avoid responsibility when faced with disciplinary procedures. Employment relationships are governed by an employment agreement or legal statutes, and in most cases both. If an employer and employee do not expressly agree on the notice period needed for either of them to terminate their relationship, section 37 of the Basic Conditions of Employment Act, 75 of 1997 (the Act)  provides for […]

Welcome to your children’s new classroom: Your home

Since the beginning of the pandemic and the subsequent lockdowns, children have been obliged to approach their education in a whole new way, while parents have had no other choice but to become an active part of their children’s educational journey. While schools may have reopened, and children are once again filling up the classrooms, […]

Must employees disclose their vaccination status?

While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. They also need to provide every possible reasonable solution to accommodate them. One of the grounds on which an employer can let go of an employee who refuses the jab is the refusal of […]

What are fair grounds for dismissal regarding off-duty misconduct?

With looting and violence severely impacting certain parts of South Africa in June 2021, many businesses are facing great challenges on various fronts. In light of the recent civil unrest, many employers have been faced with the question as to whether they are entitled to dismiss their off-duty employees for their participation in the looting and violence. In most […]

Prescription: Have my debts prescribed?

What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing of a prescribed time period. As soon as a debt prescribes, a debtor is no longer under any obligation to pay it. It is still legal for the creditor to demand payment or even sue for a […]

Deeds Office Closure

Please note the Pretoria Deeds Office is experiencing a huge backlog due to Covid and employees working on a rotation basis. The registration process is therefore delayed and in some instances we have to obtain new Clearance Certificates and Consents.

When does a defamation claim have merit?

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation […]