NEWS & ARTICLES

Introduction Getting sued and being served with a summons is a very scary thing for someone to go through, but getting a judgement against you has much worse consequences and is far scarier than getting served with a summons. Judgements have severe consequences on one's life. An important thing to note is that if you are served with a summons, and do not respond to that summons without notice of intention to defend, a default judgement can be taken on you. What if Default Judgement is Taken Against You? Having a default judgement can raise an array of issues. Some...

Theft in the workplace is a serious misconduct that places additional pressure on a business in terms of profitability and sustainability. In Central News Agency (Pty) Ltd v CCAWUSA & Another, the court held that a basic tacit term of any employment agreement is that the employee will not steal from the employer and that it is axiomatic to the relationship between the two parties. What is a dismissal? A dismissal is when a contract of employment between an employer and an employee is terminated by the employer with or without notice to the employee. This is regulated by s185...

What happens if someone moves into the property before transferring to your name?  Where a person buys property but fails to take possession and or transfer ownership, it does not mean that where a third party takes possession of the said property the initial buyer is deprived of possession or ownership. The initial buyer in actual fact has no more than a personal right.    What is the difference between a real and personal right?  A real right is enforceable against the whole world. Where you have taken possession, or transfer, of the property you have purchased you will have...

What is a Trust?  A trust is an entity that is created for the benefit of the beneficiaries when one passes away.  A trust appoints a trustee to hold any assets and properties, and to distribute those assets and properties to the beneficiaries of the trust.   What happens if a Trustee goes rogue?  Despite the trustee meaning to act in the best interest of the trust and its beneficiaries, the opposite can occur, and a trustee may be completely mismanaging the trust and abusing it for their own financial benefit, thus prejudicing the beneficiaries.  Can you remove the rogue Trustee? ...

Who is liable when a vehicle is damaged during repairs & services?  A panel beater, mechanic or dealership is responsible for any damage to your vehicle whilst in their possession for repairs or service. In fact, this even includes instances of theft, where your vehicle is stolen from the service or repair centre premises.  This protection stems from Section 65(2) of The Consumer Protection Act 68 of 2008, which specifically provides that when a supplier has possession of property belonging to or ordinarily under the control of a consumer, the supplier - (a)    Must not treat the property as...

What is Intellectual Property theft?  Owing to the fact that Intellectual Property (IP) is intangible, it is difficult to understand how it can be “stolen”. Essentially, this theft is achieved through replication or use. IP theft is the unauthorised copying of all (or any part) of a company's protected copyright, trade mark, trade secrets or patents, with a view of commercial exploitation.  Is there any actual loss? Yes. The IP owned by a company can very often form the most valuable asset held by that company, embodying its market goodwill, trading power or competitive advantage in an economy. Very often,...