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

29 Jul 2024
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“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,...

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

25 Jun 2024
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“[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy...

Brand-New Car Giving You Nightmares? CPA to the Rescue

25 Jun 2024
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“The Consumer Protection Act 68 of 2008 (CPA) establishes a broad and comprehensive scope for consumer protection. Its purview includes developing and maintaining a consumer market in such a way as to ensure fairness, accessibility, effectiveness, sustainability and...

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do

25 Jun 2024
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“It’s high time they legalised cannabis” (Anon) Much excitement has greeted the signing into law of the Cannabis for Private Purposes Act, which will formally regulate the cultivation, possession, and use of cannabis by adults in a private setting and, says the Presidency, lays...

Can You Sign an Affidavit Over Zoom?

25 Jun 2024
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“These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of cours...

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

27 May 2024
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“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the...

Cannabis Policies in the Workplace: A Delicate Balancing Act

27 May 2024
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“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy,...

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

27 May 2024
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“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very...

Contracting with Trusts – Is a Majority Resolution Valid?

27 May 2024
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“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another...

In the Land of the Will, Clarity is King

25 Apr 2024
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“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the...
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