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Filter: Dispute resolution
10 February 2021
Does your pension payments form part of your insolvent estate?
I am on the verge of being declared insolvent. In ...
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10
February 2021
Does your pension payments form part of your insolvent estate?
I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?
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06 January 2021
Prescription and surety don’t always play well together
Our company is owed money by one of our contractor...
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06
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?
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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...
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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 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?
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10 November 2020
Is government liable for an accident at a private nursery school?
I recently saw an article in the news saying that ...
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10
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?
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10 November 2020
Can a body corporate institute action against the sectional title developer?
In our sectional title scheme, it has become clear...
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10
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?
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12 October 2020
Pending divorce and evicting your abusive partner
My husband and I are busy getting a divorce. We ar...
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12
October 2020
Pending divorce and evicting your abusive partner
My husband and I are busy getting a divorce. We are currently still living under the same roof, but my husband insults me and is quite abusive in front of our children. We bought the house together but I don’t want him living there. Is there any way I can force him to move out before we are divorced?
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11 June 2020
How far can Covid-19 be used to avoid meeting contractual obligations?
With the outbreak of the coronavirus and the resul...
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11
June 2020
How far can Covid-19 be used to avoid meeting contractual obligations?
With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is the virus a valid excuse?
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17 April 2020
Stopping your neighbour’s foul smells
About three years ago my neighbour started produci...
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17
April 2020
Stopping your neighbour’s foul smells
About three years ago my neighbour started producing his own compost. Initially, the smell was bearable, but it appears that he has ramped up his composting and is bringing in manure as well. I suspect he is even selling or supplying to others. The smell has become unbearable and pervades our entire house and garden, even with the windows closed. We really can’t stand it anymore. I’ve asked my neighbour to stop but he just ignores us. Is there anything we can do?
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19 February 2020
How to get out from debt review if your financial situation has changed
I was placed under debt review when I lost my job ...
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19
February 2020
How to get out from debt review if your financial situation has changed
I was placed under debt review when I lost my job two years ago. I’m employed again and can now pay my debts and even look at getting credit again, but because I’m under debt review I cannot do so and my debt counsellor is refusing to issue me a clearance certificate. What are my options here?
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19 February 2020
Can administrative authorities make up their own rules?
I recently discussed a certain tax approach applie...
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19
February 2020
Can administrative authorities make up their own rules?
I recently discussed a certain tax approach applied by SARS with my auditors and they informed me that the approach applied by SARS comes from an Interpretation Note that SARS issued in respect of a specific section of the Value Added Tax Act. I was taken aback that SARS could interpret the law and apply it as they deem fit. Is this constitutional?
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15 September 2019
How to get a protection order against your harassing ex
I have an ex who is harassing me in person and on ...
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15
September 2019
How to get a protection order against your harassing ex
I have an ex who is harassing me in person and on social media after we broke up a few weeks ago. The more I make it clear to him that we are done the more aggressive he gets and the uglier comments he makes on social media. I’m really scared to go out and run into him and I am so ashamed of everything he is saying on social media. I want him to stop, but I don’t have the money to go and see a lawyer. Can you tell me what to do?
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15 September 2019
What is the impact of an immediate resignation on pending disciplinary procedures?
We’re investigating a number of employees in...
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15
September 2019
What is the impact of an immediate resignation on pending disciplinary procedures?
We’re investigating a number of employees in our company over the last few months and identified serious transgressions warranting disciplinary action. We instructed human resources to issue disciplinary notices to the relevant employees, following receipt of which three of the employees resigned with immediate effect. Despite their resignations, can or should we still proceed with disciplinary action against these employees now that they have resigned?
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