In the case of Oosthuizen v Castro (Centriq Insurance Co Ltd as Third Party) [2017] 4 All SA 876 (FB) the court confirmed the duty of a financial advisor to act with reasonable skill and care. Facts of the case: Mrs Oosthuizen (“Oosthuizen”), a widow, inherited a substantial amount from her husband’s estate. She approached …
Financial advisor should exercise reasonable skill and care by Cleo van Rooyen Read More »
In 2010 a dispute between two hawkers, involving slaps and pushing, resulted in one of them, Lloyd Madhinha, being arrested, having his fingerprints taken, and charged with assault. The police then gave him a written J534 notice with a note saying that he could admit guilt and pay a R500 fine without a court appearance. …
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 Registrar, Genetic Sources and others CCT 80/08 [2009] ZACC14 the Constitutional Court (“CC”) accepted what is known as the Biowatch principle with regard to cost orders and litigation against …
Constitutional litigation and cost orders against the State Read More »
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 v SC (2018) ZAWCHC 46, a recent Western Cape High Court case, decided by Acting Judge Diane Davis on 18 April 2018, the Judge noted the sad reality in …
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. What is Prescription? The effect of prescription is that the debt owed to a creditor is extinguished and the creditor can no longer institute action to recover the debt, …
Rules on extinctive prescription. Do not wait until it is too late! Read More »
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 Liberty Group Ltd v M (2017) 38 ILJ 1318 (LAC) (“Liberty Group”). In this case the employee was sexually harassed by a manager on four different occasions. She did …
Employers and sexual harassment in the workplace Read More »
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 the other parent shows no further interest in their children’s welfare. Under such circumstances, custodian parents are often unable to afford their children’s public-school fees, with the only available …
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 been acknowledged over a period of three years. This means that a debt prescribes if: You have not acknowledged the debt in the past three consecutive years, either in …
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) of the Local Government: Municipal Systems Act, 2000, constitutionally invalid. On 29 August, in a ruling majority written by Justice Edwin Cameron, the court found that upon transfer of …
Municipal debt invalid, the Constitutional Court has ruled Read More »
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 2 am every morning is affecting your productivity at work. You talk with your neighbour, but he doesn’t seem to see a problem. What now? Occasional loud noise, if …