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 […]
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 […]
Basic conditions of employment
There are basic standards which are set out in the Basic Conditions of Employment Act 75 of 1997 which regulate, amongst other, the working hours that employees are permitted to work. Whether these conditions are enforced in practice, however, is uncertain. The Basic Conditions of Employment Act 75 of 1997 (BCEA) sets certain minimum standards […]
Road cyclists vs. motorists
The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and serious accidents among both groups of road users. Both the National Road Traffic Act[1] and the Western Cape Provincial Road Traffic Act[2] regulate the rights of and rules for pedal cyclists […]
Annulment of a marriage
Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other.[1] There are certain circumstances where it can be said that consensus was not present, and this will be discussed below. Six months after […]
How important is it to read legal pleadings and/or notices?
Often people only become aware of judgements reflecting on their credit records when trying to apply for loans, cellphone contracts, etc. However, what many of them do not know, is that it is most likely due to their own negligence that they have these judgements against them. A summons is a document that informs a defendant that he or she is being sued and asserts the jurisdiction of the court to hear and determine the case. A summons can be […]
What is meant by real security?
Real security means that, on the basis of a creditor’s right against the debtor (principal debt), a creditor acquires a limited real right in the property of the debtor as security for the payment of the creditor’s right (principal debt) by the debtor. Real security differs from personal security in that a creditor does not […]
Dog bites and the financial risk it poses to owners
Having received a number of matters that ended up in costly litigation we have decided to point out certain risks to dog owners regarding how liability arises and how to manage such risks and protect oneself against potential liabilities. When a person is bitten and injured by a dog the injured person can institute action […]