Can I still make a case of unfair labour practice if I have settled?
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse (Pty) […]
Contracting with minors in a digital context
In this article, we examine whether contracts entered online by minors, using their parents’ credit cards, are legally binding in the specific context of social media such as Facebook. Both Common law and legislation deal with the capacity of minors who enter into different types of contracts. According to the Children’s Act, 38 of 2005 […]
Public nuisances: Legal rights in terms of legislation
Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender shall be liable for a fine, imprisonment or both upon conviction. How is this enforcement of our rights achieved by an ordinary citizen? A public nuisance is a criminal wrong; it is […]
The Credit agreement
If you default on a credit agreement and action is taken against you by the credit provider, you still have time, according to Section 129(3)(b) read with 129(3)(a) and S129(4) of the National Credit Act (“NCA”)[1] as well as the case of Firstrand Bank Limited v Nomsa Nkata[2] to re-instate the credit agreement until the goods have been […]
The interplay between the consumer protection act and the national credit act, and the possibility of penalties with early settlement of credit agreements
Mr Black buys a BMW car in terms of a hire purchase agreement and the financing is done through BMW Finance. After a few months Mr Black inherits a huge sum of money and decides that he wants to settle the outstanding amount. Mr Black’s concern is whether the credit provider is entitled to charge […]
Informal “decisions” by homeowners’ associations
Many homeowners’ associations have strict requirements concerning the aesthetic appearance of buildings on the estate. These include fences and other smaller additions that are not always considered by the homeowner to be building projects in terms of the rules, the Memorandum of Association (MOA) or the Memorandum of Incorporation (MOI). The owners then fail to […]
Recent developments in the interpretation of agreements
Recent developments in the interpretation of agreements Our Supreme Court of Appeal has recently given clarity and guidelines on the interpretation of contracts and legislation when it decided on the matter of Bothma-Batho Transport (Pty) Ltd v S Bothma & Seun Transport (Pty) Ltd. Without delving into the merits of the matter it would suffice […]
Dealing with marriage and estate planning
The most important forms of marriage are: marriage in community of property, marriage out of community of property (without accrual), and marriage out of community of property (with accrual). Marriage in community of property There is no prior contractual arrangement, apart from getting married; Spouses do not have two distinct estates; There is a joint […]
So when am I authorised to act as trustee?
The Trust Property Control Act 57 of 1988 defines a trusteeas meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) [2010], ZASCA 108 (17 September 2010), the position of a trustee acting […]
What happens after your house has been burnt to the ground?
There are definite steps that a homeowner will need to take if he ever has the traumatic experience of having his house burnt to the ground. Over and above all the emotional and financial tension it causes in a person and his family, there will be several steps that a homeowner will need to take […]