Cape Town Legal Correspondents

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Debt Collections

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Civil Litigation

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Divorce & Family Law

Divorce & Family Law

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Jacques Haynes's Articles

Who is Responsible for water leaks in a Sectional Title Scheme?

Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues relating to sectional title units. This is often the result of the complex relationship of close quarter living and the shared form of ownership represented by sectional titles.

Mandament van Spolie - Can Someone Take The Law Into their Hands?

The mandament van spolie is a summary remedy, usually issued upon urgent application, aimed at restoring control of property to the applicant from whom it was taken through unlawful self-help, without investigating the merits of the parties’ rights to control. 

Overlapping of the Consumer Protection Act & National Credit Act

According to section 122 of the National Credit Act, a consumer may terminate the credit agreement at any time. The consumer can do this by paying the settlement amount as calculated in accordance with section 125 of the National Credit Act. 

Tersydestelling Van Vonnis

Stel jouself voor, die onaangename verrassing as jy onverwags ʼn vonnis by verstek ontvang, as gevolg van ʼn dagvaardiging wat jy nooit ontvang het nie.

Dit is belangrik dat jy bewus is van die prosedures wat gevolg moet word om so ʼn vonnis teen jou ter syde te laat stel.

Sellers' Protection Under Voetstoots Clause Limited

A seller’s protection under the “voetstoots” clause in a deed of sale for immovable property is not as “absolute” as some might think. It is still the seller’s duty to inform prospective purchasers about all latent (hidden) defects in a property. A seller’s failure to do so could cost the seller in the long run

Who Is Liable For The Damages Caused Due To A Motor Vehicle Accident?

What will happen to my vehicle after I have been involved in a motor vehicle accident and who will be responsible for the damages? Over and above the emotional and economical tension it causes a person and his family, there will always be legal principles that apply

Trouble With The Neighbours

Your neighbour  is usually a reasonable man, but his trees’ branches overhang into your property, blocking your gutters with leaves, not to mention the root system creeping closer to your home’s foundation. When you confront him, he flatly refuses to do anything about it.

Facebook's Revenge - Fair dismissal and unfair dismissal

Facebook, Twitter and other social network sites are part of many people’s lives and serve as a useful vehicle for sharing one’s personal views. However, these sites may have unfortunate ramifications.

Hondebyt En Die Finansiele Risiko Vir Die Eienaar

Na aanleiding van ‘n redelike hoeveelheid hond byt sake wat ons ontvang het en wat in duur litigasie ontaard het, het ons besluit om die risiko’s aan die eienaars uit te wys, hoe aanspreeklikheid ontstaan en hoe om hierdie risiko te ondervang.

Third Party Claims Against the Road Accident Fund (RAF)

The Road Accident Fund has  created the assurance that public road users will be covered in the event of any motor vehicle accident which caused either injuries or death, and for the losses suffered thereby, such as medical expenses, loss of earnings and even general damage.

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