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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.
Before looking at what makes these two types of ownership different, it’s important to understand the concept of ownership and property in the context of South African law.
Protected under our Constitution, no one may be arbitrarily deprived of their property. Though, property law is largely regulated and defined by common law principles which were inherited into our legal system.
On the 15th March, President Cyril Ramaphosa declared the Corona Virus Pandemic a National State of Disaster in South Africa.
It is no secret that the virus has brought about tremendous challenges in all sectors, including the legal field.
Bailey Haynes attorneys in Cape Town would like to take this opportunity to wish all our colleagues and clients a wonderful festive season.
The end of this year has arrived and it’s finally time to start settling into holiday mode after a productive 2019.
When couples decide to get married, they are usually not thinking about death and what might happen once one of them sadly passes away. However, in reality choosing a marriage regime is very important for estate planning. Here’s what you need to know when considering the effect your marriage regime might have on estate planning.
Have you been arrested and charged with a criminal offence? Are you a minor or a young adult? Scared that you have made a mistake that will haunt you for the rest of your life?
You may have reason to feel optimistic!
Have you been the victim of verbal, physical or emotional abuse?
If so, there are steps you can take to protect yourself and your property from individuals who intend to cause you harm.
In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.
What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.
A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.
“One in every fourteen people are regular users” of cannabis in South Africa as reported by the United Nations World Drug Report of 2014.
The prohibition of cannabis can be backtracked as far as 1908 when the first law prohibiting the sale of cannabis was put into motion.
Thereafter, several laws were enacted prohibiting the use of cannabis. Presently, the most well-known Acts which prohibit cannabis are the Drug Trafficking Act and Medicines Control Act.
If a company/close corporation is in financial trouble and all possible avenues to save the business have been exhausted, there is one last option available to save the business: it can lodge an application for business rescue at the CIPC. In order to qualify for business rescue proceedings, the business must satisfy the requirements as set out in the next paragraph.
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