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Filter: Dispute resolution

06 January 2021

Prescription and surety don’t always play well together

Our company is owed money by one of our contractor...

January 2021

Prescription and surety don’t always play well together

Our company is owed money by one of our contractor companies who we helped with finance and provided us with personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

06 January 2021

Is a power of attorney an abdication, or temporary delegation of your authority to act?

I recently had to sign a power of attorney authori...

January 2021

Is a power of attorney an abdication, or temporary delegation of your authority to act?

I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?

10 November 2020

Is government liable for an accident at a private nursery school?

I recently saw an article in the news saying that ...

November 2020

Is government liable for an accident at a private nursery school?

I recently saw an article in the news saying that the Western Cape Department of Social Development was not responsible for injuries caused to a child in a day care funded by the Department. Surely this cannot be right and the Department should be responsible?

10 November 2020

Can a body corporate institute action against the sectional title developer?

In our sectional title scheme, it has become clear...

November 2020

Can a body corporate institute action against the sectional title developer?

In our sectional title scheme, it has become clear that many of the structures on the common property have been poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

07 June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beau...

June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beautiful common property areas. The last year or two though, owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

11 April 2019

What to do when a business opens next door to your house

Our house is situated in what used to be a quiet r...

April 2019

What to do when a business opens next door to your house

Our house is situated in what used to be a quiet residential suburb. Lately though, more and more businesses have started opening up around us with houses being converted into business offices. This has ruined our quiet neighbourhood and resulted in more traffic and other problems in our neighbourhood. Surely businesses cannot just open up offices in a residential area? Is there anything we can do?

11 April 2019

New developments with precautionary suspensions

I have a suspicion that one of my branch managers ...

April 2019

New developments with precautionary suspensions

I have a suspicion that one of my branch managers is busy stealing stock and cooking the books. The numbers just don’t add up. I want to suspend him to allow a full investigation to be done, but don’t want to give him a heads-up so he can hide evidence. Can I suspend him immediately without giving him a chance to provide reasons so I can ensure that he leaves the premises? Please advise.

12 February 2019

Can I be fired for my colleagues’ wrongdoing?

I work a till at a big general store. The owner di...

February 2019

Can I be fired for my colleagues’ wrongdoing?

I work a till at a big general store. The owner discovered that some of the other till operators were overcharging customers and pocketing the difference. I knew they were doing this, but felt it was none of my business and did not tell my manager. Now they want to fire me because I should have blown the whistle on the others. Surely I can’t be fired if I did nothing wrong?

08 August 2018

Can you remove the executor of a deceased estate?

My father recently passed away and in his will nom...

August 2018

Can you remove the executor of a deceased estate?

My father recently passed away and in his will nominated a financial institution as the executor of his estate. It’s now been months and the financial institution has made no progress with the administration of the estate. I know an attorney that is willing to administer the estate for me, but the financial institution refuses to allow him to take over the executorship of the estate. Can I have the institution removed as the executor of the estate?

12 July 2018

Grandparents have rights too!

I practically raised my grandchildren for the firs...

July 2018

Grandparents have rights too!

I practically raised my grandchildren for the first few years of their lives and am very close to them. Unfortunately, my son recently passed away and now their mother refuses that I see them. Is there anything I can do?

15 May 2018

How to interpret time periods in a contract

I was recently reading my standard cellphone contr...

May 2018

How to interpret time periods in a contract

I was recently reading my standard cellphone contract and was amazed to notice how many items were linked to days. It wasn’t immediately clear to me if it was calendar days or business days or even when these days start running. Is there a standard rule for how this works?

06 April 2018

What are the consequences of paying an admission of guilt fine?

My son was recently arrested after being in a bar ...

April 2018

What are the consequences of paying an admission of guilt fine?

My son was recently arrested after being in a bar fight. The police offered him the option of paying an admission of guilt. While he did not accept it, I do wonder if it would not have been the better option. What are the consequences of paying an admission of guilt?

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