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From category archives: Legal Articles

General Legal Articles

Unprotected Strike in South Africa - What's legal anymore?

In South Africa, we have the Constitutional Right to strike in terms of Section 23 of the Constitution of the Republic of South Africa 1996.

Limitations may be placed on a constitutional right, in terms of Section 36, should the limitation be reasonable and justifiable in an open and democratic society based on dignity, freedom and equality.

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Legal steps after a Natural Disaster

First and foremost, after a Natural Disaster, when safe to do so, one should return to place of residence to assess the damage.

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Is a Verbal Agreement Legally Binding?

Although verbal agreements are as legally binding and enforceable as any written agreement, the issue presents itself when trying to prove the existence of the said agreement.

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What charges do I face if I don't pay my speeding fines in SA?

For any traffic violation, there are two types of traffic fines defined in the Criminal

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What happens if you are served with a Criminal Court summons?

A Criminal Court summons is served in instances where there is no urgency, and the accused has a fixed address; if there is no reason for a prosecutor to assume that the accused may flee to avoid their attendance in court. The summons shall be served on the accused personally, or if they cannot be found, it may be served on a person over the age of 16, residing at the accused’s confirmed residence or place of business. The summons shall be served at least 14 days before the date determined for trial.

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How long is a summons valid for in South Africa?

The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

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What happens if I receive a summons?

A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant.

Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.

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Rights of Tenants and Landlords & Unfair Discrimination

In giving effect to the rights, the Rental Housing Act, 50 of 1999 (“the Act”), was implemented to recognise the importance of rental housing and balance the rights of tenants and landlords – and to protect them from unfair practices and exploitation.

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Consequences that business face if they are not POPIA compliant

The Protection of Personal Information Act No. 3 of 2013 (“the Act”) defines in its Chapter 11 and Section’s 100 – 106 items that qualify as being POPIA non-compliant.

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POPI Act in South Africa explained by our Attorneys

The Protection of Personal Protection (POPIA) Act, 4 of 2013, has introduced recent amendments in which certain significant sections (Sections 2 to 38; 55 to 109; 111; and 114 (1), (2) and (3)) took effect from 1 July 2020.

Compliance is fully enforceable one year thereafter – 1 July 2021.

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