Legal Articles and Guides
Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.
More than 225 applicants, mostly from Gauteng townships, have launched a suit in the Constitutional Court, claiming damages from the big banks for home repossession abuse. A GroundUp report says the applicants are claiming R60bn from the banks for unlawful repossession of homes since the Constitution came into effect in 1994.
The NPA has revealed that its Asset Forfeiture Unit (AFU) had frozen two hidden bank accounts in Israel, containing around R100m, of fugitive fraud suspects Ronald Bobroff and his son Darren, says report on the IoL site. ‘The huge freezing order was the result of excellent co-operation between both the South African and Israeli authorities,’ the NPA said.
A pensioner who invested in various property syndication schemes promoted and marketed by Sharemax Investments and Propspec, and was seeking the repayment of R1.54m he invested and lost in these schemes, has had his complaint referred to court. Pieter Taljaard filed eight complaints with the Financial Advisory and Intermediary Services (Fais) Ombud in 2012 on the investments, according to a report in The Sunday Indpendent.
A young boy who suffered a head injury after being knocked down by a car in November 2006 has been let down by the law after his attorney first accepted a paltry Road Accident Fund settlement and then apparently stole the money. A News24 report says while the fund considers the matter closed, new lawyers are now attempting to make good and reopen the case to secure a better payout for the child.
Veteran attorney and former co-chair of the Law Society of SA Silas Nkanunu has fallen foul of the society’s provincial arm, which is seeking to interdict him from practising until he gets his fidelity fund certificate, says a Daily Dispatch report. The Cape Law Society claims in court papers that Nkanunu – a partner in Port Elizabeth firm Silas Nkanunu & Van Loggerenberg – has been practising throughout 2017 without a fidelity fund certificate.
The legal status of (Nikah) Muslim marriages in South Africa is amongst the most frequently queried legal issues, which unfortunately still attracts the most divergent responses. Prior to the advent of democracy, (Nikah) Muslim marriages, together with Hindu and other Traditional marriage, were not recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. Numerous reasons were finished for non-recognition, and no constructive engagement regarding the issue was entertained. An example of the then status quo, is the 1983 ruling in Ismail vs. Ismail 1983 (1) SA1006 (A).
Application to compel recognition of Muslim marriages evokes fierce legal argument. As 2015 drew to a close the Women’s Legal Centre’s application to compel government to recognise Muslim marriages finally saw the light of day. However the organisation encountered yet another stumbling block as their locus standi (the right or capacity to bring an action or appear before court) was contested by Muslim organisations.
Succession, colloquially referred to as inheriting, is the process whereby the heirs of a deceased person succeed to the assets which the deceased left behind at the time of death. Assets in this instance refer to the residue after all liabilities and debts of the deceased have been settled.
Aerios, the company that lost its advertising rights at the Newlands rugby stadium with the liquidation of the Western Province Rugby Union (WRPU), is now claiming damages of R271m from WP Rugby (Pty) Ltd, Die Burger reports. Aerios also issued subpoenas to the directors of WP Rugby to testify in the section 417 investigation scheduled for the end of the month.
Associated Motor Holdings, a subsidiary of Imperial Holdings, is being sued for more than R23m by a former group financial manager who claims she was discriminated against because she is a black woman. According to a Business Day report, Adila Chowan claims she was dismissed from the company in 2015 after enduring insults directed at her by Imperial Group CEO Mark Lamberti, the respondent in the matter being heard in the Gauteng High Court.
Blue Label and Net1 have completed the R7.5bn acquisition of a 60% shareholding in Cell C, paving the way for the turnaround of the struggling entity. A Business Day report says Blue Label – which distributes cell phone airtime vouchers and SIM-card starter packs – owns 45% of Cell C, while electronic payment provider Net1 holds 15%.
Taxpayers will have to pay for the pain inflicted on a Mahikeng man by the police, which started with a complaint by a neighbour that he had assaulted his stepdaughter (3). According to a report on the IoL site, Petrus Tshisi was left with injuries across his body, before he was thrown into a police vehicle and locked up in a cell for a few hours. Tshisi claimed R1.2m in damages from the Police Ministry, saying the incident not only left him with physical scars, but post-traumatic stress disorder as well.
Confusion between the police and the NPA over who should make the call to arrest Higher Education and Training Deputy Minister Mduduzi Manana may have kept him out of jail yesterday. A Cape Times report says Manana has admitted to assaulting a young woman, Mandisa Duma, at Cubana Restaurant in Fourways at the weekend. An NPA spokesperson claimed the NPA had not received the docket by 4pm yesterday afternoon.
Buffalo City Metro councillors want the city to approach the High Court for an interdict to prevent disgruntled residents from closing off the Zwelitsha wastewater treatment works project when they protest. A Daily Dispatch report notes that when protesters close the project, the metro loses millions of rands.
Coastal operations manager Clive Kidd is the latest Enviroserv official to be criminally charged alongside the company on several allegations of contravening environmental legislation at the Shongweni landfill site, according to a Sunday Tribune report. It notes that in April, the NPA charged waste management giant Enviroserv and its chief executive, Dean Thompson.