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Legal representation at CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) is intended to be a forum in which labour disputes can be speedily and efficiently decided with a minimum of legal formalities and procedure. There is a clear apprehension that the right to be...
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Visa overstay, being labelled an undesirable person and banned from South Africa
Prior to the 2014 Immigration Regulations, foreign nationals in South Africa that overstayed their visit in the country were sanctioned with a fine upon their departure. However since the amendment was affected in 2014, the Department of Home Affairs has implemented a...
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The Voetstoots clause and property sale agreements
In most agreements of sale, whether dealing with movable or immovable property, one is likely to find what is known as the Voetstoots clause. In the case of property sale agreements, it means that the property is sold “as is”, meaning with all patent and latent...
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Co-habitation: what are your rights?
Co-habitation refers to a living arrangement where people live together without being legally married to each other. The relationship has no legal rights and duties and is not recognised by the law as a marriage. The common law marriage myth This arrangement is...
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Historical municipal debt – a thing of the past
A recent Constitutional Court ruling upheld the High Court order that municipal debt charges against a property do not survive transfer and that new home owners will not be penalised for historical municipal debt which has been accumulated by previous owners. The...
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Lapsed work permits for foreign nationals – what does the Labour Relations Act say?
Is a foreign national employed in South Africa, in the absence of a work permit, considered an employee in terms of the Labour Relations Act No 66 of 1995 (LRA)? Both employers and foreign nationals are often faced with the threat of a lapsed work permit in view of...
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Can employees be dismissed based on their social media conduct?
As there are 2.01 billion active users on Facebook, 700 million accounts on Instagram and 328 million individuals making use of Twitter, plus the myriad other social platforms, it is evident that an employer should be concerned about the social media conduct of their...
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Maintenance in arrears? What should you do.
At the seat of every Magistrate’s Court lies a Maintenance Court, which is presided over by a Maintenance Officer. When a person who is legally liable for maintenance towards a minor child has not been meeting his or her obligations, an application can be brought for...
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Curatorship – what does it entail
There are various reasons why someone would need to be appointed to safeguard another’s affairs, ranging from financial, personal or otherwise. This need could arise due to mental illness, physical disability, or illness set on by old age. Whatever the reason, an...
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Consent to travel with your child: what happens when it is withheld?
South African Immigration Regulations state that a parent travelling with a minor child must produce the child’s unabridged birth certificate (or adoption certificate in respect of adopted children), as well as an affidavit granting consent from the other parent...
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