Domestic workers are finally recognised under the Compensation for Occupational Injuries and Diseases Act (COIDA). South Africa’s Constitutional Court has ruled that parts of the COIDA are unconstitutional in that it excludes domestic workers employed in private households from the definition of an employee. It was held that this effectively denies these domestic workers compensation in the event that they contract diseases or
From the very first day the tenant takes occupation of the leased premises, the landlord has a hypothec over the assets on the premises. However, the hypothec only becomes legally enforceable once a Court Order is obtained. Therefore, the tenant is free to remove his/her assets from the premises at any time prior to an Order being obtained.
Article by: Joshua Barlow
We all know that we (should) read every word of every contract we sign, but is that the whole contract? Parties to contracts should take care when signing, as there are usually terms which are not printed in black and white.
As is often the case, there may be some terms which are inevitably implied by the express terms
Violence against women and children has plagued our country for centuries. Although all spheres of society have taken a hard stance against this, it appears as though measures taken thus far have not deterred perpetrators in the least, and victims of these crimes have lost all confidence in the very system designed to protect them.
Article by: Areeb Mukaddam
Section 25 of the Constitution of the Republic of South Africa, 1996, states that: “No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.”
However this might change as the ad-hoc committee was tasked to draft an amendment for this section.
One of the provisions
Article by: Jesica Barnardo
As most of you know, it is never easy to recover an outstanding debt from an uncooperative debtor, but recovering a debt during a pandemic is unchartered territory and adds a new level of difficulty to the process.
We would all like to believe that the end is in sight but the effects of the pandemic will be far-reaching for some time to come.
However, that does
Article by: Joshua Barlow
With Covid-19, South Africans are spending more and more time at home. With the financial, health and social consequences of lockdown, it’s no wonder why many are on edge. Having difficult neighbours only makes the experience worse.
The Protection from Harassment Act 17 of 2011 (“the Act”), provides relief to those enduring harassment from their neighbours (or anyone