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Wrongfully Arrested by the Police: How Much Money Can You Claim?

04 April 2024,  Ethan Du Toit

In South Africa, countless innocent people are wrongfully arrested, thrown into jail, and then subjected to degrading, inhumane, and dehumanising... circumstances. What would be the legal recourse available to a person who has been wrongfully arrested? Furthermore, how does the court determine the amount of money a person could claim after being wrongfully arrested? These questions will be explored in light of Sandlana v Minister of Police and Another (Sandlana case). 

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272
Article
Understanding Tenant Rights to Property Possession

04 April 2024,  Hesri Eloff

It often happens that a tenant, for whatever reason, refuses, neglects or is unable to pay rent and falls into... arrears. A landlord, frustrated with the tenant and the legal eviction process, may be tempted to find ways to get rid of the tenant. Cutting off water and electricity, changing locks, and using intimidation tactics are just some of the examples being used by landlords to dispossess a tenant. 

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66
Article
Understanding Living Wills

04 April 2024,  Victoria Matthews

When one thinks of a will, the first thing that comes to mind is probably a last will and testament.... This type of will expresses a person’s wishes after they have died.However, a living will, despite sharing some similarities with a last will and testament, is not the same thing. It can be described as a legal document outlining an individual's preferences for medical decisions in the event they are unable to communicate these wishes themselves. It can be a very helpful tool for family members and healthcare providers when they are faced with making medical decisions on someone’s behalf.

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66
Article
Surrogacy and the Legal Process

04 April 2024,  Maritza du Preez

Surrogacy, a process where a woman carries and delivers a child for another person or couple, is a complex journey... intertwining medical, emotional, and legal considerations. In South Africa, the legal framework surrounding surrogacy is carefully constructed to protect the rights of all parties involved: the commissioning parents, the surrogate, and most importantly, the child.

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78
Article
Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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102
Article
What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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110
Article

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