Legal Talk - Articles

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Maintenance: The Havenga Clause

The Havenga Clause refers to the matter of Havenga v Havenga 1988 (2) SA 438 (T) and is applicable in maintenance matters.


When can I bring an application for a Protection Order in terms of The Protection from Harassment Act?

A complainant may lodge an application for a protection order against a Respondent in terms of the Protection from Harassment Act, Act 17 of 2011 when the complainant is being harassed by the Respondent.


 

When can a Protection Order be granted against me?

In terms of the Domestic Violence Act, Act 116 of 1998, there are two instances where a Court MUST grant a protection order against the Respondent, namely:


 

Pension Fund payout in Divorce Proceedings

Any person in the midst of a divorce has the following questions and concerns relating to the payout of his / her share of the other spouse's pension fund:


 

The Landlord & Tenant Relationship: Rights & Responsibilities

The Rental Housing Act, Act 50 of 1999 (herein after referred to as the "Act") sets out the various rights and responsibilities of both the Landlord and the Tenant when there is a lease agreement.


 

What is the effect of Rehabilitation?

In terms of Section 129(1) of the Insolvency Act, Act 24 of 1936, the rehabilitation of an Insolvent leads to and end of the sequestration, discharges all of the insolven'ts debts which had arisen before the sequestration and relieves the insolvent of every disability resulting from the sequestration.


 

What constitutes a valid medical certificate?

A point of aggravation in any place of employment is the abuse of sick leave by employees.  In order to prevent such abuse, an employer must have regard to the requirements of a valid medical certificate as prescribed by the Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa read together with Section 23 of the Basic Conditions of Employment Act, Act 75 of 1997.


What are my parental rights and responsibilities as an unmarried father?

The biological father of a child acquires full parental responsibilities and rights in respect of a child in the following instances:


The enforceability of Restraint of Trade Contracts

A restraint of trade refers to a contractual agreement between and employer and employee in which the employee undertakes and agrees that he / she will not, after the termination of the current employment contract, become employed by any competitor of his / her current employer.


Cyber Bullying

We are all aware of the fact that bullying is a major issue in our society, however in today's day and age the use of technology has made bullying an even more prevalent occurrence which could affect you or your child.


Who must pay Maintenance?

In terms of the Maintenance Act, a maintenance order for the maintenance of a child is directed at the enforcement of the common law duty of the child's parents to support that child, as the duty in question exists at the time of the issue of the maintenance order and is expected to continue.


Prescription of Claims

In terms of the Prescription Act, various debts have various periods for prescription. You start calculating the time period for prescription as soon as the debt is due.


You got served ... What now?

It is important to stay calm in the event that the Sheriff severs a summons on you.

The first thing to do is to contact an attorney and schedule a consultation as you only have a period of 10 (ten) court days, from date of receipt of the summons, to file your Notice of Intention to Defend


The Freedom of Testation

The requirements for drafting and executing a valid will is set out in Section 2 of the Wills Act 7 0f 1953.  The freedom of testation forms the basis of a will and comes down to the fact that you, as the testator, have the freedom to dispose of your estate as you wish.


 

 

 

Vicky Botha Bcom Law (University of Johannesburg) LLB (University of Johannesburg)

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