Monthly Archives: January 2021

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Arrest and a Criminal Record for Not Wearing a Mask?

“7,000 people have already been arrested for not wearing masks and most of them now have criminal records” (Police Minister Bheki Cele in mid-January) We all know that wearing a face mask is the right and the safe thing to do, but it is also a legal requirement – and it’s one that you really don’t want to breach. Firstly, can you be arrested for not wearing a mask? The short answer is yes, the amended Disaster Management Act Regulations providing that – Everyone

Buying a Property: Check the Seller’s Marital Status!

“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status with something more than what the seller tells you. Your risk comes in if the seller is married in community of property. That’s because, whilst our law

Be Prepared for The Cost of Dying

“No matter how much you’ve been warned, Death always comes without knocking” (Margaret Atwood) No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be prepared. The loss of a loved one is always distressing. It can however be compounded by the challenge of dealing with their assets.  Few people appreciate all the costs involved in settling an estate. Understanding these expenses and planning

Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One

“Pyrrhic victory”, n. A very costly victory, wherein the considerable losses outweigh the gain, so as to render the struggle not worth the cost (Wiktionary) With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find themselves in financial difficulty. If you end up litigating against any of them the last thing you will want to do is to throw good money after bad. And whilst fighting a court case and winning against a

Your Website of the Month: A Month-by-Month Personal Financial Planner for 2021

“If you fail to plan, you are planning to fail” (Benjamin Franklin) We have all been battered by the economic fallout from the lockdowns. Now more than ever before we should pro-actively take control of and manage our finances through the crisis. A personal financial plan is key here. Without a plan we will drift aimlessly through 2021’s uncharted and perilous waters – a recipe for disaster. Fortunately putting together a workable plan is not rocket science, and there are many online

Building a Home in 2021: The Dangers of Not Being NHBRC Compliant

“Home, Sweet Home”  2021 is shaping up to be a busy year for both property sales and home builders, thanks in no small measure to the pandemic-induced concept of “work from home, live anywhere”. If you are one of the many landowners about to invite a team of contractors onto your property to build your new dream home, or holiday house, or perhaps a house-to-let on an investment property, remember to check for full compliance with the Housing Consumers Protection Measures Act.

Workplace Bullying – Can You Claim Constructive Dismissal?

“…it has been suggested that bullying refers to any unfavourable or offensive conduct on the part of a person or persons, which has the effect of creating a hostile workplace environment… In these terms, bullying includes a wide range of insulting, demeaning or intimidating behaviour that lowers their self-esteem or self-confidence of an employee” (quoted in the judgment below) An employer may be tempted, when an employee resigns, to breathe a sigh of relief and think “great, I got rid of

Don’t Fall Victim to a Ponzi Scheme in 2021!

“If it sounds too good to be true, it probably is” (wise old adage) 2021 could well be a bumper year for Ponzi schemes (and their equally evil cousins, pyramid schemes). They flourish in all countries and at all times, but with our pandemic-related economic woes and general disruption we will no doubt provide the scamsters with particularly fertile ground this year. And these schemes just never go away. As soon as one collapses or is shut down, it is immediately replaced

Life Partners – You Still Need a Will and a Cohabitation Agreement!

A recent High Court decision has been widely viewed as an important victory for the rights of unmarried opposite-sex life partners. Until now, if one such partner died intestate (without making a will), the other could not inherit on the same basis as could a married spouse. Nor could the surviving life partner claim maintenance from the deceased estate (whilst a surviving spouse can claim). The High Court’s pronouncement that the relevant legislation was unconstitutional and invalid in this regard must

Your Website of the Month: Starting a Business in 2021

Whether 2020’s lockdown gave you a great idea for a new business, put you out of a job, or killed your old business, 2021 may well be a year full of new opportunities. If the excitement and rewards of entrepreneurial life appeal to you, have a look at “Starting a Business” on the Small Business Site here for checklists and articles like – “#20Lessons20Years”,“Small business compliance guide”,“Where can I register my company in South Africa”, and so on. Your first port