Legal Articles - News and information from our Cape Town Attorneys

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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When Does A Claim Prescribe?

The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court.

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Right To A Fair Trial

After the Oscar Pistorius saga everyone is wondering about the procedures of a murder trial. In this article we will discuss the right to a fair trial.

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Differences Between Liquidations And Sequestration Process

The application for liquidation and sequestration processes are often confused. Many people think that the processes are the same. However, there is a big difference between these two processes.

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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 serious accidents among both groups of road users.

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Donations

Whether you are thinking of helping your son financially to enable him to purchase his first property or donating money towards a worthy cause, there are some things to keep in mind. A donation is defined in the Income Tax Act No 58 of 1962 as “any gratuitous disposal of property including any gratuitous waiver or renunciation of a right.”

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Are Shebeens Legal?

We have all heard of shebeens, yet somehow it is the best kept secret because it is seen as an illegal business venture. 

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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 a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA.

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The Credit Agreement

If you default on a credit agreement and action is taken against you by the credit provider, you still have time, according to Section 129(3)(b) read with 129(3)(a) and S129(4) of the National Credit Act (“NCA”) as well as the case of Firstrand Bank Limited v Nomsa Nkata to re-instate the credit agreement until the goods have been sold in execution.

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The Sequestration Process

The sequestration process involves a Court Application. The Applicant in the Application is either yourself for your own sequestration or the Applicant is one of your creditors. 

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Advantages and Disadvantages of Trusts

Trusts have various advantages, but unfortunately there are also disadvantages. Although this is not a complete synopsis of all the pros and cons, our experience may assist you in making decisions about Trusts.

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