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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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24
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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21
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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22
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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17
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
24
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
21
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
22
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
17
Article
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Filter: Consumer
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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415
Article
Is the ‘indemnity’ still alive and well?

07 October 2016

Over the last few years I have read a number of articles that talk about the new Consumer Protection Act... and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.

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504
Article
What to do when your new second-hand car turns out to be a ‘lemon’

11 August 2016

I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine... sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which  will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?

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536
Article
Consumer complaints can no longer be ignored

16 July 2015

I recently bought ready-mix cement at a chain hardware store. I followed the instructions carefully in mixing the cement, but... when I started pouring it the consistency was clearly not right and it would not set. I went back to the hardware store to complain that the cement quality was unsatisfactory, but the store clerk said he couldn’t help me and that I must write a letter to the store with my complaint and attach photos, which I then did but have still not heard from them. Surely they are required to respond to a written complaint and cannot just ignore me?

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470
Article
Direct marketing: How POPI has redrawn the battle lines

11 September 2014

More and more consumers are becoming aware of the war being fought for their attention. The ammunition being used includes... e-mails, faxes, sms’s and other forms of electronic communication. The prize: The attention of the man on the street, your average consumer. Enter the Protection of Personal Information Act (POPI) which will redraw the battle lines of this war for consumer attention. POPI aims to (at least in part) ensure that whoever wins this war for attention, wins it fairly and legally. But how have these battle lines been redrawn and can your business still market directly through electronic means to consumers?

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439
Article
Skipped a credit instalment or two? Maybe you should check your post…

24 August 2014

Are you a party to a loan agreement or a credit account thinking that the contact details you insert are... a mere formality? You skip a payment or two every so often and circumvent the letters of demand or legal notices by ignoring the registered post sent to you? If so you may wish to reconsider your approach. With debt, ignorance is never bliss and the recent case of Kubyana v Standard Bank of South Africa Ltd (CC) bears witness thereto.

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428
Article