Traditional rites of passage: Are initiates protected?
In South Africa, rites of passage initiates go to initiation schools each year, with teenagers being the most vulnerable to the initiation. The custom has caused outrage due to the number of fatalities that occur during these initiations. The rise in the number of illegal schools run by inexperienced and negligent surgeons is believed to be the main cause of these deaths. However, one cannot […]
Starting a business in South Africa: Legal requirements and the Companies Act
Starting a business takes careful planning and involves compliance with certain legal requirements. It is important to understand the relevant regulations and legal requirements to be complied with, so you can make sure you do what is best for the business you are starting. The Companies Act is the primary legislation governing a company and […]
Private prosecution: Is justice attainable even if the state fails us?
Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to prosecute persons who have allegedly committed a criminal offence. The Criminal Procedure Act (“the CPA”), however, contains two sections that can be relied on to bypass the NPA, by […]
I’ve been pulled over by the police, what are my rights?
Being pulled over by the police is often an intimidating and frightening experience for many. In many situations, it’s an experience in which the police exploit motorists who do not know their rights and in other situations, it’s one in which drivers receive a go-to jail card for non-compliance with a police official’s instructions. It […]
Fraud: Remedies available to defrauded parties
Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some or other act. Such an innocent party may have acted to their detriment if the representation was fraudulent. The innocent […]
The Condictio Indebiti: The excusable mistake
South African law makes provision for the fact that a person should, in principle, be entitled to institute an action for restitution where their estate was impoverished without justification. An action for unjustified enrichment may exist if a Plaintiff transferred value to the Defendant and: The Defendant was enriched; The Plaintiff was impoverished; The Defendant’s enrichment was at the expense of the Plaintiff; The enrichment […]
Avoid the “chase” following the purchase of a business
When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business you intend to acquire to make sure that no unpleasant surprises await you after the fact. Notwithstanding the obvious research about the good name, the turnover, the customer base, […]
Government administrators making wrong decisions
Occasionally, government administrations make decisions that people don’t understand or agree with. In cases such as these there are procedures to follow that ensures administrative justice. The Promotion of Administrative Justice Act allows you to have a say in matters that affect your rights. The Promotion of Administrative Justice Act of 2000 (PAJA) gives people […]
Lost your original title deed? What do you do?
Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
How technology is influencing the financial world
Accounting has moved from pen and paper to the cloud, monthly payments can be done through online banking apps, and big purchases like houses and other property can be completed using cryptocurrency. For a business to be successful, it is important that is keeps up with the tech and digital world, which has shown financial […]