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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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31
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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41
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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30
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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37
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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29
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
24
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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53
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
54
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
31
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
41
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
30
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
37
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
29
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
24
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
53
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
54
Article
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Filter: Consumer
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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239
Article
Is the ‘indemnity’ still alive and well?

07 October 2016

Over the last few years I have read a number of articles that talk about the new Consumer Protection Act... and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.

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216
Article
What to do when your new second-hand car turns out to be a ‘lemon’

11 August 2016

I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine... sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which  will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?

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351
Article
Consumer complaints can no longer be ignored

16 July 2015

I recently bought ready-mix cement at a chain hardware store. I followed the instructions carefully in mixing the cement, but... when I started pouring it the consistency was clearly not right and it would not set. I went back to the hardware store to complain that the cement quality was unsatisfactory, but the store clerk said he couldn’t help me and that I must write a letter to the store with my complaint and attach photos, which I then did but have still not heard from them. Surely they are required to respond to a written complaint and cannot just ignore me?

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231
Article
Direct marketing: How POPI has redrawn the battle lines

11 September 2014

More and more consumers are becoming aware of the war being fought for their attention. The ammunition being used includes... e-mails, faxes, sms’s and other forms of electronic communication. The prize: The attention of the man on the street, your average consumer. Enter the Protection of Personal Information Act (POPI) which will redraw the battle lines of this war for consumer attention. POPI aims to (at least in part) ensure that whoever wins this war for attention, wins it fairly and legally. But how have these battle lines been redrawn and can your business still market directly through electronic means to consumers?

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285
Article
Skipped a credit instalment or two? Maybe you should check your post…

24 August 2014

Are you a party to a loan agreement or a credit account thinking that the contact details you insert are... a mere formality? You skip a payment or two every so often and circumvent the letters of demand or legal notices by ignoring the registered post sent to you? If so you may wish to reconsider your approach. With debt, ignorance is never bliss and the recent case of Kubyana v Standard Bank of South Africa Ltd (CC) bears witness thereto.

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193
Article
The danger of ignoring boilerplate clauses in contracts

24 August 2014

We’ve all seen the standard clauses at the end of a sale or rental agreement or included in the terms... and conditions of your gym membership contract. Headings like ‘jurisdiction’, ‘entire agreement, ‘arbitration’, ‘applicable law’, ‘amendments’, ‘domicilium’, ‘notices’, ‘counterparts’ and more abound and seem to contain extensive legalese in what is often seen as an attempt to bulk up what should be a straightforward agreement. But how important are these boilerplate clauses, and can I just view them as unnecessary contractual ‘bulk’?

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272
Article
The Consumer Protection Act and buying defective products: you have rights too!

24 August 2014

Andy recently purchased an electrical appliance from a retail store. He was told by the floor salesperson that the product... would be compatible with his new iPhone. Excited, Andy rushed home only to find that the appliance was not compatible with his iPhone. Reluctant to make a scene and still able to partially use the appliance, Andy continued using the item, only to find a few days later, that the appliance had completely ‘died’ and would no longer switch back on. Infuriated at both the salesperson who had convinced him to buy the product and the retailer for selling a product that broke so quickly, Andy wonders what his rights as a consumer are?

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230
Article
National Credit Amendment Bill: No more reckless lending

06 May 2014

Loopholes in the National Credit Act (“NCA”) have to date made it possible for credit providers to avoid certain provisions... which were intended to be mandatory. The National Credit Regulator conducted a policy review of the NCA in order to identify remedial actions for problems that have hampered the effectiveness of the NCA. As a result, the National Credit Amendment Bill has been drafted to seek, amongst other things, to curb reckless lending by creating a uniform affordability test for prospective lenders.

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292
Article
Bye-bye exemption clauses?

06 May 2014

When a consumer and supplier conclude a contract, it is easy for a consumer to concern himself with the apparent... key provisions of the contract such as the contract value, duration, payment terms, delivery dates etc. and not focus on clauses dealing with the exemption of liability of the supplier. In the past these exemption clauses were often one-sided, unfair and biased against the consumer prejudicially affecting the rights of the consumer against whom the exemptions were enforced. With the advent of the Consumer Protection Act these clauses have been curbed. But are they completely outlawed, or can contracts still have exemption clauses?

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277
Article
So what exactly is my Domicilium Citandi?

06 April 2014

Quite often when completing a form or signing a contract one comes across a clause, usually at the end, that... refers to a domicilium citandi et executandi. This so-called domicilium clause is found even in documents as simple as, for instance, the form one would complete when visiting a new doctor for the first time. If a person were to ask someone what they thought the term meant, the answer would most probably be something like, “It’s just your address”. But is this correct?

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194
Article
Prescribed Minimum Benefits: Can your medical scheme refuse to pay?

06 April 2014

With the cost of proper medical care, and in particular specialist treatments such as oncology being almost unaffordable to the... average person, medical aid has become somewhat of a necessity to most South Africans. Although medical schemes offer different packages and benefits to suit the needs of their members, all schemes are required to provide Prescribed Minimum Benefits (PMB). But what are these and to which extent can medical schemes be held responsible to pay for elected procedures?

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330
Article

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