Can mediation save you significant costs than litigation?
Litigation is the primary method of dispute resolution in the South African justice system. Essentially, litigation is the institutionalised process adopted by the court system as the method of resolving disputes. The process is characterised by a number of deficiencies, which include the adversarial nature of the process, which often creates further conflict between disputing […]
Spanking your child is illegal in South Africa
The South Gauteng High Court ruled that the common law defence of reasonable chastisement is not in line with the Constitution and no longer applies in our law. This means disciplining your child in the form of a spanking is no longer considered legal within South Africa. How did it come to this? It has […]
How to apply for spousal maintenance?
Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. The duty to maintain is […]
I bought a property that has problems, what now?
A seller’s protection under the “voetstoots” clause in a deed of sale for immovable property is not as “absolute” as some might think. It is still the seller’s duty to inform prospective purchasers about all latent (hidden) defects in a property. A seller’s failure to do so could cost the seller in the long run, […]
When must you consult the Family Advocate?
You may consult the Family Advocate if you have a dispute relating to either the best interests of a child and/or parental responsibilities and rights. Other circumstances under which the family advocate may be consulted include: When parties require assistance in drafting parental responsibilities and rights agreements and to register such with the Family Advocate […]
How and when to use the small claims court
The small claims court (SCC) is for anyone who wants to institute a minor civil claim against someone else. You can also claim against companies and associations. However, the claims are limited to amounts that are less than R15 000. This excludes the State, meaning a person cannot make a claim against a local municipality, […]
How can I evict my tenant lawfully?
You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has to be valid reasons to evict a […]
Don’t speed through life
Jack Louw was used to driving fast cars – he was practically born with one foot on the accelerator. Jack was also born into a very rich family, which meant there was always money to pay for the fines he kept receiving for exceeding the speed limit. However, Jack’s luck would soon change and he […]
Fast divorces in Cape Town
Divorces can be heartbreaking, painful, costly and time consuming when parties cannot reach a settlement between themselves. However, all hope is not lost. Many young couples choose to get married in terms of an antenuptial contract, which states what each party declared to be excluded from the matrimonial estate and will remain each party’s exclusive […]
Maintenance
What can you do to enforce a maintenance order against a person who is responsible for paying maintenance, but fails to do so or is paying too little? When someone fails to pay maintenance in terms of a maintenance order you have the option of lodging a complaint against them with the Maintenance officer, stating […]