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24/02/2021

A valid question indeed

The short answer is it can be, or it could possibly not be.

Poor work performance amounts to incapacity, which is a valid ground of dismissal.

However, a proper procedure has to be followed as well before resorting to dismissal - this includes intervenional proceedings, a hearing, final warning etc.

If there was no procedure of the sort followed, and you were just dismissed for poor work performance straight away, that could strongly be an unfair dismissal.

Stay cognizant

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17/02/2021

The long and short of it is NO.

The Subdivision of Agricultural Land Act prevents the subdivision of farm land unless you have obtained the consent of the Minister of Agriculture.

There are alternative ways for your heirs to inherit the farmland though, such as the establishment of a trust or company in which your heirs are the beneficiaries or shareholders, and then having the farmland being transferred to that trust or company.

Speak to us for assistance in agricultural or farming related matters.

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16/02/2021

Common question and good to know -

Whether the basis of cohabitation is same-sex or not, the rules remain the same.

The short answer is NO, you will not be liable for the debts of your partner unless the following is in place:

A cohabitation agreement between you and your partner in which an arrangement regarding assets and liabilities are set out.

In the absence of a cohabitation agreement, it will have to be proven that an explicit or implicit universal partnership exists/existed between the cohabitants in order for the cohabitants to be liable jointly and severally for the partnership debts.

It's always better to set things out in writing so that there's no confusion when it comes to terminating the cohabitation arrangement - chat to us for if you need assistance with drawing up a cohabitation agreement or advice in general

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09/12/2020

Well here's a unique question -

The short answer is that it's NOT legal to operate as a dealer selling scrap metal or second hand goods, unless you have registered yourself as a dealer with the National Commissioner of the South African Police Service and received a registration certificate to that end

The above is set out by the Second Hand Goods Act of 2009 for those who are interested in checking it out

It's also worth noting that the above does not apply to second hand clothing being resold, or goods with a value under R100



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02/12/2020

Be careful what you post guys

The long and short of it is YES -

Defamation is the unjustified and intentional publication of defamatory material that harms another persons reputation.

As long as the affected person can prove that there was a publication of the defamatory material;
that the material does indeed have a defamatory meaning;
and that the defamatory material relates to the affected person

- the affected person will have a valid case

At the same time, there are valid defenses to defamation as well.

For more technical advice, speak to our lawyers who are more than happy to assist! 🙂

www.getlaw.co.za
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23/11/2020

Not the most common question we've received

But good to know nonetheless

The short answer is YES

A dispute regarding your financial service provider can be escalated to the FAIS Ombud - however the value of your claim/dispute cannot exceed R800 000

If your claim falls outside the jurisdiction of the FAIS Ombud eg. where it's not a claim for damages suffered as a result of your reliance on the advice of a Financial Services Provider, but instead concerns the Financial Services Provider's breach of its governing legislation - such a claim can be reported to the FSCA (Financial Sector Conduct Authority) or the Prudential Authority instead

Too much to comprehend? Don't worry about it, speak to one of our lawyers and they'll simplify the legal advice in a way that makes sense 🙂

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19/11/2020

The short answer is yes

If the amount you're lending is actually a credit transaction (for example a transaction where your friend has to repay you in installments) you will have to be registered as a credit provider, regardless of the amount

However, this doesn't apply to credit transactions between family members who are dependent on each other

For a more in depth explanation, speak to one of our lawyers! 😁

www.getlaw.co.za
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16/11/2020

The short answer is yes and no...

Here's what we mean - the law of nuisance comes into play, which means that the question you've gotta be asking yourself is -

Is this sort of nuisance to be expected in the circumstances?

Eg: Circumstances are different from area to area - so, what may be reasonable in the Cape Flats may not be reasonable in Constantia

For more technical advice, speak to our attorneys

www.getlaw.co.za
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06/11/2020

We all want the short answer

And that answer is YES

If your employer hasn't paid your salary in over 7 days, you can lodge a claim at the Small Claims Court (after issuing a letter of demand) and provided the amount you're claiming is under R20 000.

Alternatively, as long as your dispute is money related, you can report the employer to the Department of Labour.

The CCMA is used for unfair labour practices and unfair dismissals.

However, always try and resolve these types of issues internally with your employer first.

www.getlaw.co.za
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29/10/2020

Interesting question

The long and short of it is yes, you will in fact need your spouse's written consent before signing a power of attorney appointing a conveyancer to transfer the property, even if it's your profession, job or business that requires you to buy and sell houses

😂

Seriously, sign an ante-nuptial contract guys, it's the smart thing to do

Speak to our lawyers for any other issues you need advice with

www.getlaw.co.za
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26/10/2020

One of the most common questions asked by potential homeowners

The short answer is that it's technically possible, but not advisable.

There are however different approaches that can be taken, such as the suspending of the contract through a suspensive condition, or the cooling-off period in terms of S29A of the ALA.

But we're not here to bore you with all these technicalities rn.

Speak to our attorneys if you have any property related questions.

www.getlaw.co.za
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19/10/2020

The short answer is "Yes"

If you want to know whether we deal with a certain topic or area of law - chances are, we do 🧙‍♂️

Watch our lawyers work their magic

www.getlaw.co.za
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