Breaking any of our lockdown laws can be an expensive business, risking heavy penalties.
If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind you but it could land you with a criminal record.
You really don’t want to have a criminal record!
Having a criminal record comes with serious and lifelong…
Regulation 36 of the Disaster Management Act, 57 of 2002 (28 May 2020) (“the Act”) reads as follows:
“36. (1) Subject to sub regulation (2), a person may not be evicted from his or her land or home during the period of Alert Level 3. (2) A competent court may grant an order for the eviction of a person from his or her land or home in terms of the provisions of the Extension of Security of Tenure Act, 1997 (Act No. 62…
A recent High Court decision again confirms that when it comes to selling your house, honesty is indeed the best policy.
Specifically, disclose all defects you know of to potential buyers, or risk expensive litigation and damages claims.
Defects and Defences
The buyers of a house, who had paid R2.3m for it (the seller having reduced her original asking price from R3.6m to get a sale),
sued the seller for damages in respect of various defects. These, they said, had only come to light…
Heinrich Gonzales was appointed as trustee of SAGA (South African Gun owners Association) in March 2020.
Read more about Heinrich at: https://www.hfglaw.co.za/about-hfg
“Gun owners must hold government accountable by standing together. Therefore, they should join a fraternity such as SAGA, said Heinrich Gonzales, Director of HFG Attorneys Inc and Trustee of SAGA.
“We urge firearm owners of South Africa to join us as members, thereby providing us with the mandate to ensure that your constitutional right to bear firearms are protected”
To become a member…
This article is the first of a three-part series that focusses on Chapter 12, Sections 102–105 of the Firearms Control Act, 60 of 2000 (“the Act”). Over the next three weeks, we will publish three articles on the following subjects: Declaration by the Registrar of a person as unfit to possess a firearm (Section 102); Declaration by a court of a person as unfit to possess a firearm (Section 103); and The effect of a declaration of unfitness and the…
A criminal record, even for a minor offence from decades back, comes with very serious and lifetime consequences. It will hang around forever, just waiting to ambush you when you apply for a job, or a travel visa, or a firearm licence.
So acquiring a record inadvertently is the stuff of nightmares, and the question is whether you can land yourself in that position by paying an admission of guilt fine? The reality is that we are beset by so many…
You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after all, our Constitution protects our rights to free speech, the Internet is a bastion of Freedom of Information, nothing said online is “real”, and anyway who can object to you…
You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you and you have to cancel early.
“Fine” says your landlord “but you are breaching your lease and I am holding you liable for the remaining 18 months’ rental”.
What are your rights? As is often the case in life, that depends…
Check the terms of your lease
First things first,…
Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay.
If however the loss was caused by your animal/s, you are in a much more dangerous position - you can be sued on a “no fault” or “strict liability” basis. And that’s a sobering prospect. It means that bad behaviour by Maxie the…
You are it seems in good company if you view times of depressed property prices and general uncertainty as a great buying opportunity.
Just be aware that if it is a house you are after, whether as an investment or to live in, you should do your homework if the property is (or might be) occupied. Generally speaking, buying a property with occupiers is fine if you know about them and have a binding deal in place with them (see the…