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Mandament van spolie: What is it and what are the requirements?

03 March 2021

No person may take the law into their own hands. This well-established principle in South African law also applies to... circumstances where an aggrieved party attempts to regain possession of goods which were stolen from him or her, or in circumstances where an aggrieved landlord wants to cut off the electricity or access to a leased property when the tenant is in arrears. The dispossessed party can in such circumstances obtain relief by way of the mandament van spolie since the aggrieved party has taken the law into his or her own hands.

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10883
Article
When is a consumer entitled to a refund?

15 January 2021

Despite tough economic circumstances amidst the COVID-19 pandemic, shops continue to advertise big sales, discounts, and promotional offers. Whether it... is Black Friday, Boxing Day, or just an end-of-season sale, there seems to always be a reason for a sale. The question that the consumer may have is: What if I buy something, on a sale or otherwise, and later change my mind about it — am I always entitled to a refund?

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363
Article
South Africa’s New Zero-tolerance Drunk Driving Law

29 June 2020

Gone are the days of stopping by a friend’s house for a glass of wine before heading home? May an... ambulance or police vehicle legally run a red traffic light, and at what speed may they do so? This article discusses the changes proposed by the new National Road Traffic Amendment Bill to the National Road Traffic Act 93 of 1996.

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680
Article
Are parents allowed to not send their children to school?

29 May 2020,  Jan van Zyl

Schools in South Africa will re-open for Grade 7 and Grade 12 learners during June 2020. Learners in other grades... will gradually return to school in phases. Understandably many parents feel uneasy about the prospect of sending their children back to school. The question beckons: Am I allowed to keep my children at home and not send them to school?

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4437
Article
Understanding force majeure in relation to contractual obligations

27 May 2020

One of the major legal issues arising from the recent outbreak of the COVID-19 virus has been the inability of... parties to perform their obligations in terms of contracts to which they are party and the extent of which such failures can be excused, either contractually or in terms of South African common law principles.

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967
Article
Co-parenting during lockdown: Can I see my children?

28 April 2020

“I am a divorced father of two minor children. The parenting plan concluded between myself and my ex-wife stipulates that... my children primarily reside with her and visit me on alternating weekends. What do the lockdown directions say about my children visiting me in accordance with our parenting plan? Can my children still visit me? Or do they have to stay with their mother for the duration of the lockdown period?”

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405
Article

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