News & Articles
REMINDER OF THE OLD PIT FALL – RECKLESS CREDIT
Introduction In light of the sudden scurry of various companies and individuals to register as credit providers (subsequent to the threshold being reduced to Rnil) we thought it prudent to remind members of one of the basic aims of the National Credit Act – the aim...
LEASE AGREEMENTS – CAN YOU CONTRACT YOURSELF OUT OF A CONTRACT?
It often transpires that commercial lease agreements are the product of the landlord and the end result of various combined templates. In some instances these templates are sourced from the internet and may contain provisions not recognised by South African law. A...
UNDERSTANDING THE PROGRESS OF YOUR PROPERTY TRANSFER
Time is a constraint when you are the prospective owner of a property or, similarly, a seller – be it a residential or a commercial property. Unfortunately, the property transfer process requires patience as it may take longer than expected. It is essential to...
TRADEMARK REGISTRATION: PROTECTING YOUR OWN
In the highly competitive market place, businesses are required to invest an essential amount of time and money in developing new and innovative products and services in order to compete with opposition businesses and ensure their survival. This investment directly...
THE DOCTRINE OF SUBROGATION IN SOUTH AFRICAN INSURANCE LAW AND HOW IT AFFECTS YOU.
It is a reality that due to the high number of accidents on our roads the average South African will at one time or another deal with the insurance claim procedure and undoubtedly be confronted with the term "subrogation". Subrogation can be defined as a right that...
GARNISHEE ORDERS – THE WAY FORWARD
Subsequent to the judgement granted by the Constitutional Court on 13 September 2016, RMI4Law has been inundated with calls from employers with questions as to how to deal with the emoluments attachment orders (“garnishee orders”) applicable to their employees.. An...
CHALLENGING MUNICIPALITY ACCOUNTS – GOOD NEWS FOR CONSUMERS
It happens from time to time that consumers are faced with utility bills from the local authority which are manifestly incorrect and/or out of proportion with the regular bills. Should this happen, the consumers find themselves in a predicament. They can refuse to...
ENFORCEMENT OF CCMA AWARDS
Employees seeking relief at the CCMA will most certainly be relieved by the judgement of the Labour Appeal Court in the matter of the CCMA vs MBS TRANSPORT CC and Five Others [J1807/2015] / [JA94/2015] delivered on 28 June 2016. In this judgement the court confirms...
CHANGE OF MARITAL DISPENSATION
The choice between available marriage regimes is an important one, as it determines spouses’ liability towards creditors of the other, rights to deal with matrimonial property, and entitlement to assets of the estate(s) upon dissolution of the marriage by death or...
STAFF LOANS AND THE NCA
Since its inception the National Credit Act 34 of 2005 (“the NCA”), has significantly stirred the waters of the credit industry in South Africa. The purpose of the NCA is to promote and advance the social and economic welfare of South Africans as well as to ensure...