Properly executing a will is extremely important.
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]
Top 10 causes of insurance claims
A FIRE at a busy warehouse leaves a company struggling to replace its buffer stock; a ransomware attack paralyses a company’s IT systems; the use of industrial adhesives in manufacturing results in a costly product recall. Every day, companies around the globe (together with their insurers) experience losses, in multiple forms, in the millions of […]
I’ve been pulled over by the police, what are my rights?
Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It […]
Private prosecution: Is justice attainable even if the state fails us?
Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to prosecute persons who have allegedly committed a criminal offence. The Criminal Procedure Act (“the CPA”), however, contains two sections that can be relied on to bypass the NPA, by […]
Convictions under the doctrine of common purpose
“If I was present at the scene where my peers committed a crime and I had knowledge of the crime being committed, is that sufficient evidence for a Court to convict me in terms of the doctrine of common purpose even if this is not alleged in the charge sheet or indictment?” The doctrine of […]
Fighting like cats and dogs over pets in flats?
If you own a pet and live in a complex subject to the Sectional Title Schemes Management Act, this article may be just for you. What if the body corporate does not allow you to own a pet? Or what if your guide dog or emotional support pet is not welcome in or around the […]
Life partners now qualify for intestate succession
The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in so far as it excludes life partners in a relationship intended to be permanent, as per the definition of “spouse”. The Court ordered parliament to amend two laws to […]
Can neighbours interfere in building plans?
Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights. Neighbours who are disgruntled by the noise nuisance, possible obstruction of an existing view from their property, or the aesthetic features of the building works, […]
Death during a divorce: Who takes care of the funeral?
“Family feuds, in relation to who has the right to bury a deceased person, has the potential of permanently dividing the family. These are sensitive disputes that are best suited to be mediated and resolved by family elders rather than being brought to court where there is no winner and a united family structure ends […]
A child’s best interests and the adoption procedure
‘The best interests of a child’ is a concept deeply entrenched in our legal system – especially since the new constitutional dispensation. Section 28(2) of the Constitution provides that “A child’s best interests are of paramount importance in every matter concerning the child”. The best interest of a child is similarly of paramount importance in the adoption procedure. Adoption is the process […]