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Unlawful Arrests and your rights

06 December 2024,  Hesri Eloff

In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended... (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, while also safeguarding public safety and maintaining order. The CPA sets clear guidelines on when and how an arrest may be made, the powers granted to police officers, and the procedures that must be followed to ensure the arrest is lawful. Understanding the principles enshrined in this act is crucial for both legal professionals and the public, as it aims to balance the interests of justice with the protection of constitutional rights.

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173
Article

Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights

06 December 2024,  Gerhard Smit

A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade... clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales executive with access to sensitive business information, such as client lists or trade secrets, to agree not to work for a competitor within six months of leaving the company within a specified geographic area. Restraints of trade agreements are sometimes likened to an antenuptial contract in that it has no practical impact until the relationship terminates. The agreement must then be implemented post-breakup, which can lead to disputes.

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126
Article

What Can You Do When Your School Is Being Neglected by the Government?

06 December 2024,  Ethan Du Toit

The current statistics show that there are currently: 3 544 schools without electricity; 2402 schools without water supply; 11 450... schools still using pit latrine toilets; 22 938 schools without stocked libraries; 21 021 schools without laboratory facilities; 2 703 schools without fencing; and 19 037 schools without computer centres. This article examines the legal remedies available to address situations where a school is deprived of essential resources due to government neglect, hindering its ability to function effectively.

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128
Article

Mediation v Arbitration: What Is the Difference? PART 2

06 December 2024,  Victoria Matthews

As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an ... arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full settlement is not reached.

READ MORE
77
Article

Unlawful Arrests and your rights

06 December 2024,  Hesri Eloff

In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended... (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, while also safeguarding public safety and maintaining order. The CPA sets clear guidelines on when and how an arrest may be made, the powers granted to police officers, and the procedures that must be followed to ensure the arrest is lawful. Understanding the principles enshrined in this act is crucial for both legal professionals and the public, as it aims to balance the interests of justice with the protection of constitutional rights.

READ MORE
173
Article

Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights

06 December 2024,  Gerhard Smit

A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade... clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales executive with access to sensitive business information, such as client lists or trade secrets, to agree not to work for a competitor within six months of leaving the company within a specified geographic area. Restraints of trade agreements are sometimes likened to an antenuptial contract in that it has no practical impact until the relationship terminates. The agreement must then be implemented post-breakup, which can lead to disputes.

READ MORE
126
Article

What Can You Do When Your School Is Being Neglected by the Government?

06 December 2024,  Ethan Du Toit

The current statistics show that there are currently: 3 544 schools without electricity; 2402 schools without water supply; 11 450... schools still using pit latrine toilets; 22 938 schools without stocked libraries; 21 021 schools without laboratory facilities; 2 703 schools without fencing; and 19 037 schools without computer centres. This article examines the legal remedies available to address situations where a school is deprived of essential resources due to government neglect, hindering its ability to function effectively.

READ MORE
128
Article

Mediation v Arbitration: What Is the Difference? PART 2

06 December 2024,  Victoria Matthews

As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an ... arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full settlement is not reached.

READ MORE
77
Article

Client Testimonials

Just a short note to thank you for the excellent service that I received yesterday. It was professional, thorough and very efficient.

John, Private client

Thank you very much for all that you have done. We appreciate what you did for us. It feels good to deal with people that are just as good as their words, and better. I will recommend you to others. You are not just a good lawyer, but also a gentleman.

Marietjie, Private client

Ek wil aan julle my dank en waardering uitspreek vir die positiewe verloop van hierdie aangeleentheid, in die besonder vir die geduld gedurende die tyd wat dit geneem het om dit af te handel, so ook die advies en bystand.

Beatrix , Private client

I would like to take this opportunity to thank you all for being my pillars of strength and support throughout my ordeal. I am overwhelmed by the manner in which you represented me in court. With tears in my eyes, I have no words to explain how grateful I am with the outcome of this case. I can’t stop talking about your firm to my colleagues, family and friends.

Refiloe, Private client

Thank you for the wonderful correspondence. It is such a pleasure working with a company that gives us regular feedback. Thank you for excellent service.

Rosanne , Private client

Ek beplan om die tyd te neem om julle kantore te besoek, net om persoonlik my dank te kom gee. Ek het soveel vertroue in julle gehad van die begin af. Julle het die situasie met soveel respek hanteer, verstommend.

Charmaine , Private client

Thank you so much for attending to the transfer and for being so efficient. It has been such a pleasure to work with you.

Debbie , Private client

It just remains for me to thank you very much for all the work involved in getting us to this end point - a point I'm sure we all wondered if we'd ever see at some stage or other. I would also like to thank your conveyancing department who was wonderful at communicating during the sale of the house.

Jayne, Private client

Baie dankie, dit is ’n verligting dat my pa se boedel afgehandel is – alle dank weereens aan jou. Baie dankie vir die professionele manier waarop jy alles hanteer het, al jou moeite met die ‘ekstras’ en die gereelde kommunikasie om ons op hoogte te hou. Ons sal kontak behou!

Deon , Private client

Thank you for all your hours of service and commitment to resolving and tying up this tiresome estate. I am exceedingly grateful.

Sally , Private client

I would like to thank you for the professional manner in which the affairs of my mother’s estate were handled.

John , Private client

Baie dankie vir julle hulp ten spyte van julle baie werk. Ons plaas ’n baie hoë verwagting op diens en julle het dit by uitstek oortref. Nogmaals dankie, ons waardeer dit baie!

Petra , Private client

Thank you, from the bottom of my heart, for the opportunity you have afforded me of completing Vacation Work with your firm. I have enjoyed my time spent with you, and it has been an absolute pleasure to learn more about your firm, and the legal world. I am so appreciative of the warm welcome by all of your colleagues, and the manner in which we interacted throughout my time here. I hope to return for more Vacation Work this year, and I am exceedingly eager to apply to complete my articles with you, as I have just about fallen in love with your firm and the family that it hosts.

Tamara Foyn, Vacation Work Candidate

Testimony of great service delivery: Miller, Bosman, Le Roux Attorneys are always going the extra mile, or in this case many kilometers, for our agents. Isabel drove all the way to Caledon today to collect keys from an owner for CoC repairs to be done tomorrow to ensure that a transaction can register as soon as possible. Thank you to Grant HILL and Isabel HART. Going upHILL (pun intended) for our agents shows your HeARTs (pun intended) are in the right place.

Elwee van der Merwe, Private client
Keller Williams Dynamic

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