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Labour 101: A simple guide to the CCMA

Introduction For many people, the CCMA is a very scary and daunting process. There seem to be a million rules and little to no guidance from the CCMA itself. This article serves as a simple guide to the CCMA, providing you with the basics that will make the CCMA process a lot simpler.  What is the CCMA and what is its purpose? The CCMA is the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA was established in order to relieve pressure from other courts on labour matters and to allow employees and employers a safe space to resolve their...
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June 2, 2022

Friendly Sequestration and its Controversial Nature in South Africa

Introduction "The only man who sticks closer to you in adversity than a friend is a creditor." - Unknown  Consumer debts are not a problem, they are one of the greatest dynamic factors in our economy, the issue arises when debtors are unable to pay what is due without having to seek professional help. Insolvency law is a common practice throughout the world because debt management is difficult for everyone. When a person is unable to pay their creditors it means that they are insolvent. In South Africa, only High courts can declare you insolvent. Once you are declared insolvent...
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June 2, 2022

I Have Been Banned from South Africa, What Can I Do Now?

Introduction Many foreign nationals visit and live in South Africa under various permits and visas. A problem often arises when the visa expires, and the person who is the holder of this visa overstays their welcome in South Africa. The main issue that these people face is that they will be banned from South Africa for usually 5 (five) years. Despite being banned, there are appeals that people can make to the Director-General of Home Affairs and the Department of Home Affairs itself to overturn these decisions. How does one get banned from South Africa? When one is banned from...
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June 2, 2022

Domestic Violence Against Men: The myth, the truth and the legend

Introduction Domestic violence against men is a phenomenon that is not easy to spot. Any time you hear conversations addressing domestic violence it is about women and children, and rarely about men. Society the juggernaut, is infuriatingly statuesque and often refuses to understand that men are not excluded from the long adverse arm of domestic abuse. This effigy defines men as strong and  able to take the punch; The echoes of laughter and smears often heard through the corridors of society alluding to the standing that a man could never suffer domestic abuse.   This article will look at whether the...
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June 2, 2022

Do all law firms need to have an IT Department?

“Information technology is at the core of how you do your business and how your business model itself evolves.” Satya Nadella Information Technology, popularly known as IT, is typically used within the context of business operations, dealing with computing, including hardware, software, telecommunications and generally anything involved in the transmission of information or the systems that facilitate communication. Without IT in law firms or businesses in general, there wouldn't be a space to create, process, store, retrieve, communicate and exchange all kinds of electronic data with clients and colleagues. But now, with the Tech Department involved, technology processes are now...
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May 30, 2022

Can a Subcontractor claim from the employer?

What is a subcontractor agreement? In South Africa, it is quite typical, that when a principal-agent enters into a contract with the main contractor to complete the necessary work. The contractor would enter into a separate contract with specialised subcontractors to do parts of the job, usually, work like plumbing, tiling, and waterproofers; this contract is known as a subcontracting agreement.  Subcontracting is a construction law trend that is commonly used; it assists the development of Small, Medium, and Micro Enterprises (SMMEs). Challenges that arise with subcontractors' agreements. While this is a great initiative, there are issues such as subcontractors...
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May 30, 2022