My House Was Not Transferred Into My Name – Can I Lose It?

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...
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March 24, 2022

Can You Remove A Rogue Trustee

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? ...
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March 24, 2022

The Panel Beater Damaged My Car

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...
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March 24, 2022

Can You Steal IP?

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,...
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March 24, 2022

The Government Owes Me Money

Is it possible to collect debt from the government?  The short answer, yes. While this process is more difficult than collecting from a non-governmental body, it is certainly possible. In order to be successful with a claim against the government, it is important to consult with a competent lawyer to ensure that there is full compliance with all relevant laws.  Which organs of state can debt be collected from?  The Institution of Legal Proceedings Against Organs of State Act provides the requirements and prescription timelines with regards to debt which is to be collected from the state. This Act relates...
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March 24, 2022

Do I Need To Pay Maintenance If I’m Not Sure I’m The Father?

Can you take away the right to maintenance?  The right to maintenance is inalienable, meaning that it cannot be taken away, or given away. The Children’s Act, 2005 sets out four rights and responsibilities a person may have in respect to a child: To care for them To maintain contact with them  To act as their guardian= To contribute to their maintenance  Does an unmarried father have these rights?  Yes. The unmarried biological father of the child acquires full rights and responsibilities (meaning all four of the above) if he was living with the mother in a permanent life-partnership when...
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March 24, 2022