Monthly Archives: July 2024

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The Garage Door That Had the Complex Up in Arms

“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is full-title or freehold, or a Body Corporate if your property is part of a sectional title development. You are then automatically bound by the rules and regulations formulated by your management body, so make sure you understand them fully. They are

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It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

“Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by doctors should be reported.” (Extract from judgment below) “Sick leave season” is still in full swing and many employers will be struggling with high levels of absenteeism. There’s no problem of course with genuinely ill staff staying at home

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Divorce Diaries: Anti-Dissipation Orders in Action

“Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law provides effective ways to protect yourself in such a situation – but the onus is on you to prove your case. The outcome of a recent fight in the Supreme Court of Appeal (SCA)

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Sour Grapes? Don’t Make Accusations Unless They’re True

“I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape liability, you must show that you fall under one or other of the legal defences available to anyone sued for defamation – as a recent High Court decision illustrates perfectly. A R500m bribe and a restaurant dinner A company director, in dispute with a government

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