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Civil Litigation & Debt Collection

Bail Procedure In GBV Cases in South Africa

One of the challenges of GBV is that the perpetrator being released on bail and because he/she is frustrated that he/she has been exposed, metes out more attacks on the victim in retaliation. This is what the Criminal and Related Matters Amendment Act seeks to curb and minimise.

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The Law’s Attempt to Have an Upper Hand in GBV Cases

Despite having laws in place to discourage GBV and bring it under control, it is thought that the circumstances around it often make it difficult for the law to have an upper hand. Unrelenting, the legislature has made amendments to our law to curb GBV cases regardless.

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Nip the Funds in the Bud - Freezing Accounts in Execution of Judgments

There are various ways of executing court-issued judgments against the debtor in order to satisfy the judgment, with the most common being where the debtor settles the judgment debt by way of monetary payment, sale in execution of assets owned by the judgment debtor, issuing of a garnishee order or the issuance of an emoluments attachment order

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Affordability Assessment - How Far Should Credit Providers Go?

A significant number of South Africans are finding it challenging to honour their debt obligations, thereby resulting in some being declared over-indebted. To curtail this state of affairs, the National Credit Act places an obligation on credit providers to undertake affordability assessments before granting credit to consumers.

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Goods ‘Paid for’ Not Delivered - What Do You Do

Customers may also place reliance on the law of contracts, where parties enter into contracts giving rise to obligations that require performance. Where two parties enter into an agreement of purchase and sale, the foremost obligations are that the purchaser must pay a certain sum of money and the seller delivers certain goods.

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Your Life In Someone's Hands, His In Yours - Let's Talk about DUI

Using the road under the influence of liquor immensely increases the chances of reckless and negligent behaviour on the road and this is why it can never be overemphasised for road users not to use the road while intoxicated because not only does it endanger the lives of other road users, but puts oneself at risk as well.

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Struggling to Get Your Rates Clearance Certificate or Figures?

When you sell a property, you are legally required to obtain a rates clearance certificate from your local municipality. The rates clearance certificate (RCC) certifies that all rates and other municipal charges which include electricity, water, sanitation, and/or refuse are paid in full.

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Can You Sue Eskom for Damages Caused by Load Shedding?

Although load shedding is not technically illegal, there is some recourse available to individuals or businesses that have suffered loss or damage due to load shedding. We discuss this matter in detail in this article.

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Is A Refusal To Vaccinate "A Refusal To Make The Workplace Safe?" CCMA Agrees, But...

Legal discourse in the past year (2021) has been awash with discussions surrounding the issue of mandatory vaccination not only in the workplace, but also in various sectors of the economy. To date the vaccination drive is on voluntary basis for the general populace and some sectors of trade and industry, although the business community has vigorously pushed for the government to consider and pursue policies on vaccine mandates for employees. As per the Occupation Health and Safety Act 93 of 1995 employers have an obligation to ensure and provide a safe working environment.

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Are You Always Liable As A Pet Owner?

For those with pets, one would instantly get a rush of blood to the head seeing their pet loitering in the yard with blood on its mouth. This can mean two things, either the pet got injured or it is the one that inflicted the injury. Both scenarios bring shivers through the spine, but it is the latter that may bring more reason to worry. Am I liable, would be the instant question? Liability in such scenarios – does it automatically kick in? 

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