Proving your claim in a liquidation or sequestration: When you should, and when you shouldn’t
“A small debt produces a debtor; a large one, an enemy” (Publilius Syrus, Roman writer) You are owed money by a debtor, whose “insolvent estate” is “sequestrated” (in the case of an individual or trust) or “liquidated” (in the case of a company or other corporate). The Master of the High Court appoints a “trustee” […]
Firearm owners: What to do if your licence has expired
“… this is a matter of national security and… something of the order of 450,000 gun owners with their expired licences form part of this equation… in a country riddled with crime…” (Extracts from judgment below) Possession of an unlicensed firearm is, for good reason, a serious offence carrying heavy penalties, and law abiding citizens […]
Dagga – Just how legal is it now?
The media has been awash with reports (sometimes conflicting, often vague) of what the recent Constitutional Court ruling actually means in practice. Whether you agree with the ruling or not, and whether or not you personally have ever had (or intend to have) anything to do with cannabis/marijuana/weed/dagga, we all need to be aware of […]
Suing your security company: The case of a burgled butchery
“Somewhat ironically, given the fact that the phrase “not a sausage” is originally derived from the Cockney rhyming slang “sausages and mash” meaning “cash”, they got away with not a sausage from the butchery but a great deal of cash” (extract from judgment below) When you employ a security company to provide alarm monitoring and […]
Expired firearm licences: High court to the rescue
“There is no question that firearms are hazardous objects and that possession and ownership must be strictly controlled. A failure to comply with the Act exposes the public to potential harm, especially in a society like ours where violence is rife.” (Extract from judgment below) Whilst our law quite correctly treats unlawful possession of a […]
BAD BUREAUCRATS: THREATEN THEM WITH PERSONAL LIABILITY
Whilst the vast majority of state officials are competent and honest, and deserving of our full support, there will always be a few “bad eggs” to contend with. We’ve all had our run-ins with state bureaucracy, and where it causes you significant loss of any sort, ask your lawyer if you can sue. Act quickly; […]
HOW AND WHEN TO USE THE SMALL CLAIMS COURT
The small claims court (SCC) is for anyone who wants to institute a minor civil claim against someone else. You can also claim against companies and associations. However, the claims are limited to amounts that are less than R15 000. This excludes the State, meaning a person cannot make a claim against a local municipality, […]
‘N STRYD TUSSEN DAWID EN GOLIAT. BEFONDSING VIR LITIGASIE.
‘n Mens sal graag wil hê dat die reg vir alle litigante toeganklik moet wees. Ongelukkig is die kostes van litigasie in die hoër howe ‘n wesentlike faktor. Dit beteken dat diegene wat hul saak in die hoër howe wil voer, diep sakke en senuwees van staal moet hê. Daar is wel iets wat toenemend […]
KAN EK MY HUUREIENDOM MET NUWE SLOT EN GRENDEL BESKERM?
“I’ll answer him by law” (Shakespeare) Dit kan enige eienaar tot raserny dryf. ‘n Huurder wat nie sy maandelikse huur betaal nie of wat voortdurend die ooreengekome bepalings van die huurkontrak verbreek. Die versoeking is dan sterk om die grootste slot wat jy in die hande kan kry, op jou perseel se voordeur en sommer […]
ARE YOU DAVID TRYING TO SUE GOLIATH? CONSIDER LITIGATION FUNDING
Justice should be accessible to us all, but regrettably litigation, particularly in the higher courts, can be an expensive process and thus out of reach unless you have both deep pockets and nerves of steel. To the rescue comes a concept which, although relatively new in South Africa, has been successfully implemented overseas – litigation […]