What is a Power of Attorney? A power of attorney (POA) is a legal document whereby a person, the principal, grants legal authority to another person, the agent, to make decisions and take actions on his or her behalf. Who can grant a Power of Attorney? Persons who can appreciate the nature and consequences of …
The execution of eviction orders have been prohibited during the national state of disaster (“NSOD“), declared under the Disaster Management Act No. 57 of 2002 and in place since 23 March 2020. For the duration of the NSOD, at all the alert levels declared from time to time, the Regulations have prohibited the execution of …
Dogs provide companionship and may also provide protection. Owners should be aware of the attendant risks and responsibilities of owning and keeping a dog or other animal. Particularly important is the potential liability for damage caused by the animal, even if the owner was not at fault. The recent case of Van Meyeren v Cloete …
When the dog bites – Liability for harm caused by animals by Zorada Temmingh Read More »
Are penalty clauses for late rental payments in residential lease agreements enforceable? The Rental Housing Act 50 of 1999 (“RHA”) regulates all residential lease agreements and provides for provincial regulations regarding unfair practices. Section 15(1)(f) of the RHA states the following: “The MEC may, after consultation with the relevant standing or portfolio committee of the …
Penalties for late rental payments in a residential lease agreement by Bianca du Toit Read More »
The Cybercrimes Act 19 of 2020 (“the Act”) has become law, creating a number of new offences relating to the use of computers, data and the internet. The date of commencement of the Act is yet to be announced. Offences and penalties The Act creates offences and imposes penalties for the following: unlawful and intentional …
1. INTRODUCTION 1.1. Cluver Markotter Inc processes personal information and other confidential information of individuals and juristic persons to deliver legal services to our clients. The nature of the personal information which we process, depends on the legal service we render in each matter, as well as the legislative requirements to be adhered to by …
Cluver Markotter Inc.: POPIA Notice by Lorinda van Niekerk Read More »
INTRODUCTION When does a claim for costs arising from an arbitration award become prescribed? This question involves a number of issues under the Prescription Act 68 of 1969 (Prescription Act). In Brompton Body Corporate v Khumalo 2018 (3) SA 347 SA (SCA) (Brompton) it was held that an arbitration award does not create a new …
Arbitration costs award – An indefinite claim? By Stacy-Lee Dennis Read More »
Online access to and distribution of information has become an integral part of society. This enhances public awareness and transparency, but false information can cause uncertainty and disruption. This article explores how the spreading of false information, or so-called “fake news”, may entail legal liability for WhatsApp users and group administrators. The Constitution of the …
Guidelines issued by the Competition Commission on 10 December 2020 (“the guidelines”) aim to increase competition through encouraging greater participation of independent services providers (“ISPs”) in the “Automotive Aftermarket” industry, as well as promoting consumer choice in the purchase of vehicle maintenance and service plans. In the Guidelines the “Automotive Aftermarket” is defined to mean, …
Guidelines for the competition in the Automotive Aftermarket By Khomotso Mamburu Read More »
When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …