Category: Commercial

Introduction Many foreign nationals visit and live in South Africa under various permits and visas. A problem often arises when the visa expires, and the person who is the holder of this visa overstays their welcome in South Africa. The main issue that these people face is that they will be banned from South Africa for usually 5 (five) years. Despite being banned, there are appeals that people can make to the Director-General of Home Affairs and the Department of Home Affairs itself to overturn these decisions. How does one get banned from South Africa? When one is banned from...

Introduction Domestic violence against men is a phenomenon that is not easy to spot. Any time you hear conversations addressing domestic violence it is about women and children, and rarely about men. Society the juggernaut, is infuriatingly statuesque and often refuses to understand that men are not excluded from the long adverse arm of domestic abuse. This effigy defines men as strong and  able to take the punch; The echoes of laughter and smears often heard through the corridors of society alluding to the standing that a man could never suffer domestic abuse.   This article will look at whether the...

What is a subcontractor agreement? In South Africa, it is quite typical, that when a principal-agent enters into a contract with the main contractor to complete the necessary work. The contractor would enter into a separate contract with specialised subcontractors to do parts of the job, usually, work like plumbing, tiling, and waterproofers; this contract is known as a subcontracting agreement.  Subcontracting is a construction law trend that is commonly used; it assists the development of Small, Medium, and Micro Enterprises (SMMEs). Challenges that arise with subcontractors' agreements. While this is a great initiative, there are issues such as subcontractors...

Introduction Getting sued and being served with a summons is a very scary thing for someone to go through, but getting a judgement against you has much worse consequences and is far scarier than getting served with a summons. Judgements have severe consequences on one's life. An important thing to note is that if you are served with a summons, and do not respond to that summons without notice of intention to defend, a default judgement can be taken on you. What if Default Judgement is Taken Against You? Having a default judgement can raise an array of issues. Some...

Theft in the workplace is a serious misconduct that places additional pressure on a business in terms of profitability and sustainability. In Central News Agency (Pty) Ltd v CCAWUSA & Another, the court held that a basic tacit term of any employment agreement is that the employee will not steal from the employer and that it is axiomatic to the relationship between the two parties. What is a dismissal? A dismissal is when a contract of employment between an employer and an employee is terminated by the employer with or without notice to the employee. This is regulated by s185...

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...