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October 1, 2018
Published by Sisteen Geyser at October 1, 2018
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What if the Executor passes away before a Deceased Estate Administration Process has been finalized?
If the Executor of an Estate has appointed an Agent to administer the Estate, and the Agent passes away before the Estate Administration had been finalised, […]
October 1, 2018
Published by Lizl Barnard at October 1, 2018
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Evicting squatters and unlawful occupiers from property can be a difficult, costly and time-consuming process. If you want to sell a property with unlawful occupiers on […]
September 3, 2018
Published by Sisteen Geyser at September 3, 2018
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What if the executor passes away before a deceased estate administration process has been finalized?
If the Executor of an Estate has appointed an Agent to administer the Estate, and the Agent passes away before the Estate Administration had been finalised, […]
September 3, 2018
Published by Pierre Lombard at September 3, 2018
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When selling a property, be aware of the dangers of paying double commission: to an estate agent involved in the final negotiation and effectively causing the […]
September 3, 2018
Published by Pierre Lombard at September 3, 2018
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If you have recently bought a vacant plot within a development with the intention to build a house there, be aware that your purchase agreement probably […]
August 6, 2018
Published by Sisteen Geyser at August 6, 2018
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A Will which is regular and complete on the face of it will be presumed to be valid until such time as it is established that […]
August 6, 2018
Published by Cleo van Rooyen at August 6, 2018
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An award of costs in litigation serves to reimburse the successful party. In the case of Trustees for the time being of the Biowatch Trust v […]
August 6, 2018
Published by Lizl Barnard at August 6, 2018
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What is a Proxy? Section 58(1) of the Companies Act, No. 71 of 2008 (“the Act”) provides for proxies. A shareholder is entitled to appoint […]
July 23, 2018
Published by Lizl Barnard at July 23, 2018
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The Companies Act, No. 71 of 2008 (“the New Act”) allows that shares in a company may be held by a nominee on behalf of a […]
July 9, 2018
Published by Marike du Toit at July 9, 2018
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The appointment of a parenting coordinator or facilitator has become a regular feature of divorce litigation where the interests of children are in issue. In TC […]
July 9, 2018
Published by Richard Stevens at July 9, 2018
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Section 66(1) of the Companies Act, No. 71 of 2008 (“the Act”) provides that the board of directors is responsible for the management of the business […]
June 1, 2018
Published by Alden Klaasen at June 1, 2018
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Remember that your claim against a debtor can lapse after a certain period of time. This happens in terms of the legal rules on extinctive prescription. […]
June 1, 2018
Published by Marike du Toit at June 1, 2018
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The appointment of a parenting coordinator or facilitator has become a regular feature of divorce litigation where the interests of children are in issue. In TC […]
May 2, 2018
Published by Sisteen Geyser at May 2, 2018
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What happens when somebody who is not a relative passes away, and you are aware that the person has assets, but no family to take care […]
May 2, 2018
Published by Cleo van Rooyen at May 2, 2018
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South African labour law imposes important obligations on the employer when it comes to sexual harassment in the workplace. This was confirmed in the case of […]
April 6, 2018
Published by Sisteen Geyser at April 6, 2018
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You may have heard that the estate duty rate and donations tax rate have been increased with effect from 1 March 2018. This is in […]
April 6, 2018
Published by Lizl Barnard at April 6, 2018
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Written contracts commonly contain a non-variation clause. This clause usually reads something like the following: “No alteration, variation of or addition to this Agreement shall be […]
March 2, 2018
Published by Inge Barac at March 2, 2018
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A right of extension, in terms of Section 25 of the Sectional Titles Act 95 of 1986 (“the Act”), allows the developer of a sectional title […]
March 2, 2018
Published by Lizl Barnard at March 2, 2018
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South African law regards repudiation of a contract as a form of breach. What is repudiation and what are its consequences? In Van Rooyen v Minister […]
February 14, 2018
Published by Piet Badenhorst at February 14, 2018
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The dilemma It is unfortunately an all too common occurrence that when partners separate, and spouses divorce, one parent is granted custody of the children, while […]
February 14, 2018
Published by Sisteen Geyser at February 14, 2018
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Are you a Trustee of an Inter Vivos Trust, but cannot find the original Trust Deed or Letter of Authority when the Trust’s Bankers ask for […]
November 13, 2017
Published by Sisteen Geyser at November 13, 2017
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By Sisteen Geyser – Director, Estates and Trust Department A South African client who owns property in Namibia and the UK, recently asked me what would […]
November 13, 2017
Published by Cluver-Admin at November 13, 2017
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POPI refers to South Africa’s Protection of Personal Information Act which regulates the Processing of Personal Information. What is Personal Information? This means any information relating […]
October 11, 2017
Published by Cluver-Admin at October 11, 2017
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Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not […]
October 11, 2017
Published by Cluver-Admin at October 11, 2017
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On 23 May 2017, the Constitutional Court heard an application for confirmation of an order of the High Court of South Africa, that declared section 118(3) […]
October 11, 2017
Published by Cluver-Admin at October 11, 2017
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By Sisteen Geyser – Director, Estates and Trust Department If a person who needs to have a legal act done while being unable to attend to […]
September 20, 2017
Published by Cluver-Admin at September 20, 2017
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By Sisteen Geyser – Director, Estates and Trust Department It is a common but unfounded belief that the State will take over your assets if you […]
September 20, 2017
Published by Cluver-Admin at September 20, 2017
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By Richard Stevens – Director, Commercial Department The Companies Act 71 of 2008 (“the Act”) provides that a company’s memorandum of incorporation (MoI) must set out […]
September 20, 2017
Published by Cluver-Admin at September 20, 2017
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By Sisteen Geyser – Director, Estates and Trust Department The Master recently published Guidelines setting out requirements for the appointment of an Independent Trustee, “where the […]
August 14, 2017
Published by Cluver-Admin at August 14, 2017
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In terms of the previous Companies Act directors could generally only act with the consent or approval of shareholders in a number of cases. The Companies […]
July 11, 2017
Published by Cluver-Admin at July 11, 2017
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Recently we published an article about the changes in the way the Master’s Office deals with Trust Administration in terms of a Circular issued in March […]
June 30, 2017
Published by Cluver-Admin at June 30, 2017
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The Master of the High Court recently published a Circular which changes the way in which Trust Administration is handled by the Master’s Office. Some of […]
June 30, 2017
Published by Cluver-Admin at June 30, 2017
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Recently we published an article about the changes in the way the Master’s Office deals with Trust Administration in terms of a Circular issued in March […]
June 7, 2017
Published by Cluver-Admin at June 7, 2017
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The default matrimonial property law regime in South Africa is a marriage in community of property. This happens by law if parties sign a marriage register […]
June 7, 2017
Published by Cluver-Admin at June 7, 2017
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It is reasonable to want to dismiss an employee for not performing on the job, or failing to meet a specific target. However, Employers should ensure […]
June 7, 2017
Published by Cluver-Admin at June 7, 2017
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The small claims court (SCC) is for any natural person who wants to institute a minor civil claim against someone else. Juristic persons, for instance a […]
May 16, 2017
Published by Cluver-Admin at May 16, 2017
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Having a Will is a final statement of how you want your assets to be managed after your death. However, sometimes you may want to change […]
May 16, 2017
Published by Cluver-Admin at May 16, 2017
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Consumer Protection Act The Consumer Protection Act (CPA) provides for a cooling-off period if a transaction results from direct marketing, allowing a purchaser to get out […]
May 16, 2017
Published by Cluver-Admin at May 16, 2017
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Drawing up a Will and doing Estate Planning may sound like hard work, but here are some reasons why you should do this TODAY: It means […]
April 20, 2017
Published by Cluver-Admin at April 20, 2017
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It is the third night this week you cannot sleep, because your new neighbour enjoys playing loud rock music late at night. Being kept up till […]
April 20, 2017
Published by Cluver-Admin at April 20, 2017
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To safeguard against administrative decisions going wrong, the Promotion of Administrative Justice Act of 2000 (PAJA) gives individuals and legal entities the right to fair, lawful […]
April 20, 2017
Published by Cluver-Admin at April 20, 2017
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The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death, to ensure that the process is properly managed. This […]
March 20, 2017
Published by Cluver-Admin at March 20, 2017
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Sherine Roberts has been promoted to the position of director at Cluver Markotter on 1 February 2017. She joined the firm as a senior associate in […]
March 20, 2017
Published by Cluver-Admin at March 20, 2017
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What is co-ownership? Co-ownership involves that two or more people jointly own the same property, for example land. In essence, they legally share ownership without dividing […]
March 20, 2017
Published by Cluver-Admin at March 20, 2017
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A person can get married by way of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a […]
March 20, 2017
Published by Cluver-Admin at March 20, 2017
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Adoption is the legal act of permanently placing a child with a parent or parents other than the child’s birth mother or father. A legal adoption […]
February 23, 2017
Published by Cluver-Admin at February 23, 2017
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The National Veld and Forest Fire Act No. 101 of 1998 (“the Act”) is a legislative tool to help farm owners prevent potential financial and infrastructure […]
February 23, 2017
Published by Cluver-Admin at February 23, 2017
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By Sisteen Geyser If a Trust owes you money on loan account and the loan is interest free, or the interest rate charged on the loan […]
February 23, 2017
Published by Cluver-Admin at February 23, 2017
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By Sisteen Geyser Ever wondered what records should be kept by trustees and whether you can request documents or details from the Master of the High […]
January 12, 2017
Published by Cluver-Admin at January 12, 2017
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A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to […]
January 12, 2017
Published by Cluver-Admin at January 12, 2017
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If a driver of a vehicle, at the time when the vehicle is involved in or contributes to any accident in which any person is killed […]
January 12, 2017
Published by Cluver-Admin at January 12, 2017
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When it comes to letting a property – both the tenant and the landlord should always enter into any letting agreements openly and honestly and intending […]
November 8, 2016
Published by Cluver-Admin at November 8, 2016
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Dear Mr Lawyer I am the owner of a sectional title, and I have paid my levies every month as required, until the water started seeping […]
November 8, 2016
Published by Cluver-Admin at November 8, 2016
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On 1 August 2013 PPS released the latest results of the South African Legal Services Survey. Of the legal professionals, including 423 attorneys, who participated in […]
November 8, 2016
Published by Cluver-Admin at November 8, 2016
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Jack Louw was used to driving fast cars – he was practically born with one foot on the accelerator. Jack was also born into a very […]
November 8, 2016
Published by Cluver-Admin at November 8, 2016
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You and your neighbour have been good friends for years; your children have grown up together and you have always thought of him as a reasonable […]
October 12, 2016
Published by Cluver-Admin at October 12, 2016
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The new NCA does not only regulate installment sale agreements and lease agreements in respect of movables as was done by its predecessor, the repealed Credit […]
October 12, 2016
Published by Cluver-Admin at October 12, 2016
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It is important to understand the legal implications of the marital property regime, especially when drafting a Last Will and Testament and also when entering into […]
October 12, 2016
Published by Cluver-Admin at October 12, 2016
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The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the […]
October 12, 2016
Published by Cluver-Admin at October 12, 2016
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Obtaining a protection order from harassment has never been so easy and so cost-effective. But why is this important, considering that until now a protection order […]
September 7, 2016
Published by Cluver-Admin at September 7, 2016
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Estate duty is charged on the dutiable value of the estate in terms of the Estate Duty Act. The general rule is that if the taxpayer […]
September 7, 2016
Published by Cluver-Admin at September 7, 2016
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After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are […]
September 7, 2016
Published by Cluver-Admin at September 7, 2016
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Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor […]
September 7, 2016
Published by Cluver-Admin at September 7, 2016
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Since 2011 the City of Cape Town: Traffic By-Law, 2011 has made it possible for an authorised officer to confiscate your cellular device if you are […]
August 12, 2016
Published by Cluver-Admin at August 12, 2016
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A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either […]
August 12, 2016
Published by Cluver-Admin at August 12, 2016
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The mandament van spolie is a summary remedy, usually issued upon urgent application, aimed at restoring control of property to the applicant from whom it was […]
August 12, 2016
Published by Cluver-Admin at August 12, 2016
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If an employee has been demoted after a fair process and has accepted the demotion, could they still go to the CCMA for unfair labour practice. […]
August 12, 2016
Published by Cluver-Admin at August 12, 2016
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There are people who suffer emotional and physical abuse on a daily basis but are not quite sure what they can do to prevent it. There […]
July 13, 2016
Published by Cluver-Admin at July 13, 2016
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You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate […]
July 13, 2016
Published by Cluver-Admin at July 13, 2016
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Occasionally, government administrations make decisions that people don’t understand or agree with. In cases such as these there are procedures to follow that ensures administrative justice. […]
July 13, 2016
Published by Cluver-Admin at July 13, 2016
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Sarah buys furniture from Mark who promised her that the furniture is of good quality. However, he doesn’t notify her about problems with the furniture. Later, […]
July 13, 2016
Published by Cluver-Admin at July 13, 2016
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If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a […]
June 13, 2016
Published by Cluver-Admin at June 13, 2016
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F.l.t.r. Marnes de Wet, Sherine Roberts, Retha Oosthuizen, Marike Koen, Brendon Hess and Herna Beviss-Challinor Cluver Markotter Incorporated made several new appointments this year and is […]
June 13, 2016
Published by Cluver-Admin at June 13, 2016
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Retha Oosthuizen Does a shareholder in a company have a claim against a director or third party who committed a wrong against the company and so […]
June 13, 2016
Published by Cluver-Admin at June 13, 2016
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Alex refers a dispute to the CCMA on the basis of unfair discrimination, because his company refused to grant his application for maternity leave due to […]
June 13, 2016
Published by Cluver-Admin at June 13, 2016
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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 […]
June 13, 2016
Published by Cluver-Admin at June 13, 2016
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The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce […]
May 16, 2016
Published by Cluver-Admin at May 16, 2016
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In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might […]
May 16, 2016
Published by Cluver-Admin at May 16, 2016
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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 […]
May 16, 2016
Published by Cluver-Admin at May 16, 2016
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Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender shall be liable […]
May 16, 2016
Published by Cluver-Admin at May 16, 2016
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Kontak sporte gee dikwels daartoe aanleiding dat die spelers daarvan ernstig beseer word. Kan iemand aanspreeklik gehou word vir hierdie beserings, of neem jy, as deelnemer, […]
April 6, 2016
Published by Cluver-Admin at April 6, 2016
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Is your company experiencing financial strain? Are creditors breathing down your neck? Business Rescue proceedings may be a solution to your problems. Business Rescue is a […]
April 6, 2016
Published by Cluver-Admin at April 6, 2016
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The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (“PIE Act”) provides, inter alia, the procedures for the eviction of unlawful occupiers. […]
April 6, 2016
Published by Cluver-Admin at April 6, 2016
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Wanneer ‘n dader ‘n slagoffer skade aandoen, gebeur dit soms dat die slagoffer meer skade ly as wat ‘n mens sou verwag. Dit mag veroorsaak word […]
April 6, 2016
Published by Cluver-Admin at April 6, 2016
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Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than […]
March 29, 2016
Published by Cluver-Admin at March 29, 2016
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Dit is met trots dat ons aankondig dat die kandidaatprokureurs wat in 2014 by ons aangesluit het, op 5 Februarie 2016 as Prokureurs van die Hooggeregshof […]
March 29, 2016
Published by Cluver-Admin at March 29, 2016
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In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might […]
March 29, 2016
Published by Cluver-Admin at March 29, 2016
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In terms of Section 5 (3) (a) of the South African Schools Act No 84 of 1996 no learner may be refused admission to a public […]
March 29, 2016
Published by Cluver-Admin at March 29, 2016
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Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was […]
November 30, 2015
Published by Cluver-Admin at November 30, 2015
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On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, […]
November 30, 2015
Published by Cluver-Admin at November 30, 2015
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Persone wat ontwrigtende dade van onaanvaarbare gedrag in openbare plekke pleeg, mag gewaarsku en daarna deur die owerhede in hegtenis geneem word. Die oortreder sal aanspreeklik […]
November 30, 2015
Published by Cluver-Admin at November 30, 2015
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Employees are often faced with a difficult situation in the workplace when falling pregnant. Many establishments react unfavourably towards female employees that fall pregnant. These employees […]
November 30, 2015
Published by Cluver-Admin at November 30, 2015
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Die kwessie rakende die regsaard van ‘n verdedigende eis en of dit aanleiding gee tot skuld wat onderworpe is aan die drie jaar uitwissende verjaringstermyn is […]