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Private Prosecution: Neighbours at War
“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what happens if you believe that...
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A R4.25m Warning to Choose Your Conveyancer With Care
“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in...
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Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue
“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that...
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Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren
“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with...
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How to Avoid Fighting Over the House – A Guide for Life Partners
“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come...
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When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you....
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BFFs no More: The Verbal Agreement That Cost R1 Million
“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most notably...
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Fixed Term Contracts: A Guide for Employers and Employees
It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an agreed end date. This could be...
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Can a Body Corporate Cut the Power? It’s Complicated
“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees...
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