Eviction Refused – Landowners, Unlawful Occupiers and the “Just and Equitable” Test

“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to

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Estate Planning and Wills: A Checklist to Protect Your Family

“Don’t fear death, plan for it” (Anon) Amazingly, here we are in the middle of a deadly pandemic yet still some 70% – 80% of working South Africans are said

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Your Websites of the Month: Measure and Maximise Your Business Creativity

“Creativity is the key to success” (Abdul Kalam) It’s hard to think of a successful entrepreneur who isn’t at heart creative. Creativity comes with the territory, and anything you can

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Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for

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Noisy Neighbours – Your Rights, and Buyers Beware!

“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the

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Violence and Looting – Can You Sue SAPS?

“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their

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Employee Looting and Strike Violence: When Is Dismissal Fair?

Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers

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Bodies Corporate: Before You Sequestrate to Recover Arrears…

“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to

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R4m Damages for a Workplace Sexual Assault

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from

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Spousal Maintenance After Divorce and the “Clean Break” Principle

“The clean break principle after divorce has found resonance with our courts for many years.  The aim of this principle is to ensure that the parties become financially independent of

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