Can my employer refuse to accept my medical certificate?
The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their absence from work, they are obliged to pay them for the day(s) missed. Similarly, employees believe that should they stay away from work and provide a medical certificate, all […]
Exercise of rights and obligations under a praedial servitude
A servitude is a limited real right which entitles its holder either to the use and enjoyment of another person’s property or to insist that such other person shall refrain from exercising certain entitlements following from his or her right of ownership over and in respect of his or her property which he or she […]
Precautionary suspension of an employee- What are the requirements?
The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The circumstances warranting such a suspension differ from case to case. Reasons for a suspension can include that the Employee may jeopardise an investigation; endanger the wellbeing or safety of […]
Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily married. Before we discuss the benefits of an antenuptial contract, let’s consider the different marital regimes couples can enter. 1. […]
Fraud: Remedies available to defrauded parties
Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some or other act. Such an innocent party may have acted to their detriment if the representation was fraudulent. The innocent […]
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. (1) Subject to the provisions of section […]
How do I register a trust?
A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from it. The trustees have the important […]
Can I claim interim relief pending my divorce suit?
Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties to the divorce suit. South African law, however, provides relief for a party who may be prejudiced by this imbalance. A spouse who plans on filing for a divorce or is currently in the […]
Owner or keeper of dog – who is liable for the harm caused by animals?
This issue was recently dealt with in length in the SCA matter of Van Meyeren v Cloete (636/2019 [2020] ZASCA 100 (11 September 2020), where the focus of the SCA was on the origins of a delictual claim brought under the “actio de pauperie”. This ancient legal remedy provides that “the owner of a dog that attacks a person who was lawfully at the […]
Do you have cause for action for unjustified enrichment?
South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. An action for unjustified enrichment may exist if a Plaintiff transferred value to the Defendant and: The Defendant was enriched; The Plaintiff was impoverished; The Defendant’s enrichment was at the expense of the Plaintiff; The enrichment […]