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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 […]