Help, can my landlord just evict me from my home?
Introduction The power structure between landlord and tenant is imbalanced. It was common that landlords would evict tenants without notice should they be dissatisfied with the. The Consumer Protection Act, 2008 (“CPA”) was enacted to develop the common law agreement between landlord and tenant. This development mitigated the imbalance by giving tenants rights which were not available to them under common law and limiting those of the landlord. This article will examine whether a landlord can just evict a tenant and what protection is given to the tenant in such situations. What is the Consumer Protection Act? The Consumer Protection...
Read more Can I be forced to testify against my spouse?
Introduction What happens when a spouse discloses to the other that they have committed a crime? Does the spouse have an obligation in terms of the law to say something? Can that spouse be forced by the court of law to testify? Does the law offer protection to the spouses? What is marital privilege? It is the protection offered to spouses for communication that was privately disclosed during the course of their marriage. Either spouse may invoke the privilege and this can prevent the one spouse from testifying against the other about their private marital communications in a civil or...
Read more If my employee stole, can they go to the CCMA?
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...
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