Legal Articles and Guides
Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.
A father has won the right for his five-year-old son to carry his name, an action which sets a legal precedent. Family law experts said the ruling – by Judge Jacqui Henriques in the KZN High Court (Durban) – was a step forward in broadening the rights of unmarried fathers, notes a Sunday Times report.
The Department of Justice says the law will need to be changed if public displays of the old SA flag, which it says is widely recognised as a symbol that promotes white racial supremacy, are to be classified as hate speech. According to a Times Select report, specialist state law adviser Theresa Molomoitime Ross – on behalf of the Justice Department – filed an affidavit last week in response to the Nelson Mandela Foundation’s Equality Court bid to ban ‘gratuitous’ public displays of the flag on the basis that such displays amount to hate speech.
Borrowers with more than one debt outstanding were given some protection last week when the SCA ruled that the interest rate on short-term loans after the first loan cannot exceed 3% a month. GroundUp reports Micro Finance SA (MFSA) had challenged regulations promulgated under the National Credit Act reducing the interest rate on a second short-term loan taken out in a 12-month period from 5% to 3% a month.
The first claims associated with the listeriosis class action could be paid out in mid to late 2020 at the earliest, according to Richard Spoor Attorneys lawyer Thami Malusi. If Tiger Brands settled the matter rather than going to court, that would shorten the process, he is quoted as saying in a City Press report.
The National Consumer Commission has proposed a wide-ranging shake-up of legislation to enhance consumer protection and clean up the local holiday ownership and timeshare industry. The Mercury reports this will include the appointment of an ombudsman to rule on future complaints and possible banning of marketing practices long used to lure consumers.
In an application to buy more time to tackle Eskom claims of corruption and malfeasance against him and Trillian ‘head on’, Eric Wood, former business partner of Gupta kingpin, Salim Essa, says he has been left to wage a R600m state capture battle against the power utility on his own.
Two more Jehovah's Witness families have been taken to the KZN High Court (Durban) to force them to allow doctors to administer lifesaving blood to their seriously ill children. The two matters were added to the court's roll as a third set of parents planned to defend their refusal to allow their five-year-old son, who suffers from sickle cell anaemia, to receive blood transfusions, notes TimesLIVE.
An order of the Western Cape High Court brought protest action by Reclaim the City (RTC) on Site B in the Cape Town inner city to an abrupt end this week. According to a News24 report, as the housing activists were settling in for their first night in shacks they had erected that morning, police officers arrived and read the interdict out loud.
What does it take to get a drink in Fish Hoek? Exactly 200 years and a judgment in favour of Pick n Pay. Times Select reports PnP won a Western Cape Liquor Authority appeal this week against the liquor licensing tribunal, paving the way for it to open a liquor store in the town.
Jacob Zuma's son, Edward, has failed to pay R12 500 as settlement for his hate speech comments, reports TimesLIVE. Yesterday, the SA Human Rights Commission went to court to secure a warrant of arrest for Zuma. The Durban Equality Court heard that Zuma was disrespectful and disregarded the court order by failing to pay the money to Ohlange High School in Inanda.
The owner of the guest lodge who was found guilty of racism and hate speech remains defiant and has vowed to take his fight all the way to the Constitutional Court following a scathing judgment that described him as a racist. The Mercury reports André Slade – the former owner of the Sodwana Bay Guest house – said he was the victim of hate speech and racism after he was labelled a racist by the MEC for Economic Development and Tourism, Sihle Zikalala.
If cowboy Will Rogers’ practical advice “Don’t wait to buy land, buy land and wait” has you looking for a property to buy this Festive Season, don’t miss out on an invaluable source of relevant information – the title deed. What you find in the title deed of your prospective purchase could make or break your decision to buy it, and it will certainly impact on how much you want to offer. We’ll tell you what a title deed is, why it’s important to check it before you make an offer, and what you should look for once you have it.
It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by “credit provider” businesses to “credit consumers”. But does the NCA also apply to non-commercial, once-off loans? Like a loan to a friend or relative? And what about property sales?
Possession of an unlicensed firearm is, for good reason, a serious offence carrying heavy penalties, and law abiding citizens will support the police in their efforts to rid our country of illegally-held firearms. It’s a major problem, with media reports suggesting that only 3m out of a total of 5.3m guns are registered and legally owned. That’s 2.3m illegal firearms out there!
The Equality Court is to hear a case alleging discrimination by a bank – the first time such a case has come before this court. Cape Town-based usury expert Emerald van Zyl has taken his nearly 10-year fight against alleged banking abuse to the Cape Equality Court, seeking a ruling that FNB’s FirstRand Finance Company discriminated against more than 4 000 black customers by charging them 30-40% more than white customers on their mortgage loans.