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March 17, 2016

CO-OWNERSHIP OF LAND

The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, […]
March 17, 2016

USUFRUCT, USUS AND HABITATIO: WHAT IS THE DIFFERENCE?

Usufruct, usus and habitatio are personal servitudes. These servitudes are sometimes considered as an estate planning tool to reduce estate duty, but testators don’t always realise […]
February 25, 2016

ARE SHEBEENS LEGAL?

This article has been removed. We apologise for the inconvenience, please contact leslie@caf.co.za should you have any queries.
February 25, 2016

SLOW DOWN THERE, SPEEDY

It’s a classic scenario: Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the […]
February 25, 2016

DIFFERENCES BETWEEN PUBLIC AND PRIVATE SCHOOLS IN SOUTH AFRICA

In terms of Section 5 (3) (a) of the South African Schools Act No 84 of 1996 no learner may be refused admission to a public […]
February 25, 2016

CAN I STILL MAKE A CASE OF UNFAIR LABOUR PRACTICE IF I HAVE SETTLED?

In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts […]
August 12, 2015

TO PROSECUTE OR NOT

An action may be a crime or a delict but where your actions were trivial, a court has the discretion to decide not to prosecute or […]
August 12, 2015

IS IT BENEFICIAL TO CREATE A TRUST?

A Trust can be described as a legal entity which is created by the founder, who places assets under the control of the Trustees. This either […]
August 12, 2015

WHAT IS THE ROLE OF THE FAMILY ADVOCATE

The Family Advocate has many duties but in the context of Divorce Law, they are usually consulted to ensure that all Parenting Plans and divorce Consent […]
August 12, 2015

ROAD CYCLISTS VS. MOTORISTS

The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and […]
July 28, 2015

TO REGISTER OR NOT – THE RISK OF PLAYING BANKER

Purchasers are having increased difficulty in obtaining finance for the purchase of farms and other agricultural land. Many sellers of these properties consider granting their purchasers […]
July 28, 2015

CONSIDER YOUR CLAIM CAREFULLY: SOME OF THE NEED TO KNOW FACTS IN THE EVENT OF A THIRD PARTY CLAIM AGAINST THE RAF (ROAD ACCIDENT FUND)

The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the […]
July 28, 2015

WHAT CONSTITUTES FAIR DISMISSAL?

Labour law emphasises that every employee has the right not to be dismissed unfairly. The Act defines the meaning of dismissal, as well as provides us […]
July 28, 2015

THE SEQUESTRATION PROCESS

The sequestration process involves a Court Application. The Applicant will be either yourself, in the event of voluntary surrender, or one of your creditors (either a friendly […]
June 25, 2015

What happens to my bank accounts when I die?

The Administration of Estates Act determines that all bank accounts in the name of the deceased should be frozen and closed eventually, therefore it is extremely […]
June 25, 2015

The ABC of the adoption of children

Section 229 of the Children’s Act states that the purpose of the adoption procedure is to protect and nurture children in a safe, healthy environment with […]
June 25, 2015

Disputes with body corporate: Homeowners’ remedies

Trustees of the body corporate of a certain sectional title scheme clamped the wheel of the car of one of its homeowners because he did not […]
June 25, 2015

Maintenance

What can you do to enforce a maintenance order against a person who is responsible for paying maintenance, but fails to do so or is paying […]
March 12, 2015

The impact of the new BBBEE Codes of Good Practice on your business

Major changes to the previous Codes include: 1. The seven elements on the scorecard are reduced to five elements and the weighting of each element has […]
March 12, 2015

POPI Act

It must be read with other relevant statutes such as: 1. Electronic Communications and Transactions Act 25 of 2002 (‘ECT’) 2. Promotion of Access to Information […]