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//B Lubbe & Associates

A Dishonest “I’m Too Sick to Come to Work” Excuse is a Firing Offence

28 Aug 2023
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“…an employment relationship is predicated on trust” (Extract from judgment below) Our courts have once again confirmed that dismissal is justified when employees lie about their state of health in order to get sick leave. A recent Labour Court case provides a perfect example....

Debt Collection – Two Recovery Options

28 Aug 2023
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“Creditors have better memories than debtors” (Benjamin Franklin) How well you manage your debtors’ book, and how successful you are in actually collecting monies due to you, should always be a management priority. It can spell the difference between a successful, profitable...

Your New House Leaks Like a Sieve – Can You Sue the Seller?

26 Jul 2023
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“There is no sound more peaceful than rain on the roof, if you’re safe asleep in someone else’s house.” (Anne Tyler) You move into your new dream home, excited and happy. Until it rains, and the roof leaks. As the repair teams tramp around on your roof and the bills...

Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal?

26 Jul 2023
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“…data messages or electronic signatures are now recognised in our law as equivalent to a proper basis upon which a written contract can be concluded. Thus, a valid written contract can be concluded electronically.” (Extract from the South African judgment below) ECTA (the...

Divorce: What is Forfeiture of Benefits and When is it Ordered?

26 Jul 2023
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“So often, a party in a divorce is so aggrieved and upset by their spouse’s behaviour during the marriage, and rightfully so, that they cannot fathom having to give up an asset or let their spouse benefit in any way, upon divorce. We have had numerous spouses wanting us to...

How to Stop Someone Damaging Your Good Name on Social Media

26 Jul 2023
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“He that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” (Shakespeare) As our lives move increasingly online, more and more of us will be subjected to the distress and damage of online attacks. Whether they are aimed at hurting us...

Leaving Anything Important Out of Your Property Sale Agreement Will Sink It

27 Jun 2023
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“No alienation of land … shall … be of any force or effect unless it is contained in a deed of alienation signed by the parties thereto or by their agents acting on their written authority.” (Alienation of Land Act) Ensure that all the important terms of your sale agreement are...

Don’t Give a Loan or Credit to Anyone (Not Even a Friend) Without Legal Advice!

27 Jun 2023
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“The requirement that credit providers must be registered allows for their control and regulation, especially in relation to their financial probity and integrity, thereby avoiding the unscrupulous exploitation of credit consumers by so-called fly-by-night operators and loan...

“Bad Dog!” Why a Husky’s Owner Must Pay R100,000 Damages

27 Jun 2023
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“…in general, ownership of an animal should carry with it strict liability for any harm done by the animal.” (Extract from judgment below) Owning a pet comes with both joys and responsibilities, and a recent High Court award of almost R100,000 in damages to the victim of a dog...

Dual Citizens: Good News if You Lost Your South African Citizenship, But…

27 Jun 2023
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“Citizenship is the gateway through which a number of rights in the Constitution can be accessed.  It enables a person to enjoy freedom of movement, freedom of trade, and political representation” (Constitutional Court, quoted in judgment below) Note: Many South Africans who...
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T. 021 554 4882
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