Hi Mr Attorney, we are a security company with 300 employees in Chatsworth. 250 employees have joined a trade union. They have referred a claim in terms of section 73A to the CCMA. They claim R 1 300 000 bonus and R 850 000 back pay in terms of the collective bargaining agreement for the private security industry. We were not aware of these provisions. Can you assist us?
Hi Gina, I am an attorney with 28 years credit repair experience. I can renegotiate the terms of your debt review. I am sure I can force your creditors to accept your proposal. I can make sure your debt review is removed from your Itc. We have offices at the Westville Mall and Dawncliffe Square. Come for a free consultation.
Hi, the sheriff just came to my house and gave me a summons because I am behind on payment for my BMW. He looked for the vehicle but it is parked off at my mother’s house. He says I must sms him where it is because he will fetch it in 3 weeks time. He said I can do nothing about it.
Hi Senzo, I am a senior attorney and I can stop the Sherrif from taking your car. I can negotiate a friendly settlement. Come for a free consultation. As soon as possible. Please not we can consult with you in Zulu. Ngicela singakwazi ukubonisana nawe ngesiZulu.
The bank commences “foreclosure” by issuing a Court summons. We can help you negotiate terms with the bank even after the summons arrives. If the bank has not complied with the formalities, we can defend the bank summons on your behalf. Before evicting you, a new owner must be the registered owner and must make application to Court in compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 This is also known as the PIE Act. If you cannot afford to be relocated, you cannot be evicted until you can. Come for a free consultation. Remember we can also assist you in Zulu. Khumbula singakusiza nangesiZulu.
I have found myself in a large amount of debt and contacted a debt relief company who said they can advise me on the necessary steps to take to pay my creditors back. I paid them the fees they wanted and have not had any communication with them since and no help regarding my debt relief. I am at a loss for what to do. I am more concerned about my debt at this point but I do want to take legal action against this “business” down the line. Are you able to help me with both issues?
I’m going through a divorce, married in community of property and Im worried about the division of assets. I want to know how the court will decide the division of our house which is in my name
Hi Nishan, if you bare married in community of property, the divorce order provides for the community of property to be divided equally between the parties. If you cannot agree, the Court will grant an order that the Master of the High Court appoints a trustee/liquidator to sell the assets, pay the liabilities, pay the liquidators fees and then pay you an equal share of what is left. Come for a free consultation.
My employer has let me go from my job due to my pregnancy. What steps can I take to sue for wrongful termination? Or is this a case of discrimination or both?
Section 6 of the Employment Equity EA reiterates the Constitution’s prohibition against discrimination on the grounds of pregnancy.
The Labour Relations Act
Section 187(1)(e) of the LRA prohibits the dismissal of an employee for any reason related to her pregnancy. In fact, this section makes such a dismissal automatically unfair. This effectively means that such a dismissal:
breaches a basic right of the employee and
can never be justifiable and
merits compensation to be paid by the employer up to an amount equivalent of 24 months’ remuneration.
Hi Jeremy, a contract is not enforceable if you were mislead, both parties made the same mistake, the contract is not legal, performance is impossible, the claimant breached the contract first, a few more. Call Rashni on 031 267 0396 to arrange a free consultation with an attorney. We have an office at the Westville Mall.
Good day,
I cannot pay my daughter’s school fees and the school keeps phoning me. What can I do about it? Do you think the school will give me a payment plan?
You can get an exemption from paying school fees. Come and I will show you which form you have to fill in and how to fill it in. I will not charge you for this..
Hi there,
I am struggling to pay my monthly bond and I am afraid the bank is going to take my house away. Is there anything you can do to halt the bank from summonses by me?
Thank you
The bank commences repossession of your immovable by issuing a Court summons. We can help you negotiate terms with the bank even after the summons arrives. If the bank has not complied with the National Credit Act 34 of 2005, we can defend the bank summons on your behalf. We have won a number of cases against various banks. Before evicting you, a new owner must be the registered owner and must obtain a Court order in compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 This is also known as the PIE Act. If you cannot afford to be relocated, you cannot be evicted until you can. Come for a free consultation. Remember we can also assist you in Afrikaans. Ons kan jou help. Ons gee jou ‘n gratis konsultasie. Kom sien ons!
Hi, I am in the process of building a garage onto my house. I paid a deposit to the contractors but now they tell me they want the full payment before they start. Please could you assist me and what my rights are.
Hi Peter, we can probably
get an interim order, on a few days’ notice, that they comply with the contract on the agreed terms. If they breach again, we can get an order they be held in contempt for which they can be jailed.
Hi Bruce, I refer to our conversation after you sent the message. The bank got judgment because you are behind with payments. The sheriff has now attached your home. The Sheriff will sell your home at an auction. I am an attorney of 28 years experience and I can stop the process. Come for a free consultation.
I Have been paying loans but the amount the debt collectors are looking for as i cannot afford it.i am paying a decent amount but they still keep on calling multiple times a day to ask for more.can i still be summoned to court for avoiding there calls and paying what i can afford?
Hi Kuben, unfortunately you can still be called to Court if you fail to pay an instalment on time. We are often able to negotiate payment terms for credit agreements. The banks have to strictly comply with the formalities of the National Credit Act and their case can be dismissed for non-compliance. We normally highlight the weaknesses in their case and then use it to negotiate affordable payment plans for our clients. We have offices in Westville and Pinetown, KwaZulu Natal. Come for a free consultation.
Hi Lerato, the short answer is you approach a reputable debt counselor like Octogen. They help you formulate a proposal to pay a lower instalment over a longer period of time. They negotiate acceptance of the proposal by the banks. It is pricey. The flaw in the debt counselling system is that the credit providers are under no obligation to accept any proposal from you. If you do not dance to their tune, the debt review application is unsuccessful, and you have wasted the charges. The application for debt review goes on to your credit bureau records as an adverse listing and you cannot get any type of credit while it is there. The banks are extremely strict with unsecured credit. One way or the other, we can assist you. Come for a free consultation.
Hi Andre, if there is a writ of execution due to default on your bond, you will have to act quickly. The bondholding bank has issued summons and had has served it at the physical address that was on your credit app. This is probably the address where you lived at the time you made the application, before you moved to your present location. If a credit summons is not defended, the bank will get default judgment. A writ of execution is then given to the Sheriff to go to the credit app address and attach sufficient movable goods to satisfy the claim. If sufficient assets are not found, the bank then attaches the property itself and the sheriff’s sells the property at an auction. There are a number of remedies available to you. You can make application for the rescission of the judgment if your bond is paid up or the banks has not complied with one of the formalities prescribed by the National Credit Act 35 of 2005 eg did not deliver a section 129 notice, drawing your attention to the allegation of arrears BEFORE it issued summons. In my experience, if you make application for rescission within 20 working day of being aware of the judgment, the bank will usually not proceed with the auction until the application for rescission is heard. If the bank opposes the application for rescission, it can take a few months before the application is hears. During this time we can assist you in negotiating an out of Court settlement from the bank. Another option is an application for debt review, but this process can present a number of difficulties. The bank is not obligated to accept your offer of a reduced payment and the application can fail, resulting in a waste of legal fees. The debt review record will stay on you credit bureau listings for a period of at least 60 months during which you will not be granted any credit. Come for a free consultation.
I have two cars that I am paying off however I have run into some trouble and cannot pay the next instalments. What will happen if I skip a month? Will I be summonsed?
Hi Andile, one option is an application for debt review, but this process can present a number of difficulties. The bank is not obligated to accept your offer of a reduced payment and the application can fail, resulting in a waste of legal fees. The bank is unlikely going to agree to your proposal of a reduced instalment and debt review on both cars. You would have to realise the value of the second car and apply the proceeds to reduce the balance of your instalment sale agreement on the second vehicle. The debt review record will stay on you credit bureau listings for a period of at least 60 months during which you will not be granted any credit. Come for a free consultation. If the bank has not complied with the formalities of the National Credit Act 34 of 2005 BEFORE issuing summons, the summons can be defeated on this basis alone. Eg the bank must serve actual notice of their allegations on arrears on you before enforcing the credit agreement. It is called a section 129 notice. It is an option to defend the summons on this basis and then, with our assistance, you negotiate an affordable settlement. This can be done for both vehicles. Come for a free consultation.
Hi Andre, our bad credit enquiries get a free consultation within a day or two. The same with our cleaning your credit bureau services. Send a message or call Rashni at 031 267 0396 to make a booking. Dont stress. I am an attorney of 28 years’ experience. I can help you.
Hello.
I have been told by a debt counsellor that I can’t apply for debt review as I have received a summons on my bond. Please can you help me. I have three children and don’t want to lose my home. Thank you kindly.
The debt counsellor is wrong. You can apply for debt revie of a debt after the credit provider has issued summons.
Section 86(5) and section 87 of the National Credit Act 34 of 2005 states that:
“(85. Court may declare and relieve overindebtedness.
Despite any provision of law or agreement to the contrary, in any court proceedings in which a credit agreement is being considered, if it is alleged that the consumer under a credit agreement is overindebted, the court may
(a) refer the matter directly to a debt counsellor with a request that the debt counsellor evaluate the
consumer’s circumstances and make a recommendation to the court in terms of section 86 (7); or
(b) declare that the consumer is overindebted,
as determined in accordance with this Part, and make
any order contemplated in section 87 to relieve the consumer’s overindebtedness.
87. Magistrate’s Court may rearrange consumer’s obligations.(
1) If a debt counsellor makes a proposal to the Magistrate’s Court in terms of section 86 (8) (b), or a consumer applies to the Magistrate’s Court in terms of section 86 (9), the Magistrate’s Court must conduct a hearing and, having regard to the proposal and information before it and the consumer’s financial means, prospects and obligations, may(
a) reject the recommendation or application as the case may be; or
(b) make
i) an order declaring any credit agreement to be reckless, and an order contemplated in section
83 (2) or (3), if the Magistrate’s Court concludes that the agreement is reckless;
(ii) an order rearranging
the consumer’s obligations in any manner contemplated in section
86 (7) (c) (ii); or
(iii) both orders contemplated in subparagraph (i) and (ii).
(2) The National Credit Regulator may not intervene before the Magistrate’s Court in a matter referred to it in
terms of this section.”
Clearly, if your overindebted, the Court hearing the claim of the credit provider who has issued summons on you, has the power to place you under debt review.
Good day,
I have a problem but I live in Gauteng and can’t make it to see you in person and the attorney I saw here wanted to charge me too much. Could you assist me telephonically? It is a bond matter. I am behind on my payments. Thanks
Hi Carol, we can exchange documents by WhatsApp or Email. We have a conference camera and can consult remotely. Zoom, Microsoft Teams or WhatsApp Video. Or telephonically. Book a free consultation.
Hi Leonard, we can ensure the bank has complied with all the formalities of the National Credit Act and the Consumer Protection Act. We normally negotiate an affordable settlement. Book your free consultation.
Morning,
I have a child with my ex husband and he wants custody of our daughter. He is threatening me and says he will tell the court that I am an unfit mother. Please can you help me as I am worried. What can I do?
Hi Claire, he has to make a formal application to your local Magistrates Court. In South Africa, the Courts are unlikely to take primary residence away from the biological mother. If he is a fit and proper person he will be granted access to the children. This may be supervised or unsupervised. Let’s negotiate a fair divorce settlement for your. Book a free consultation. With an attorney.
Hi Akhil, we will stop the Sheriff. I will take over all the contact with the attorneys and the call center agents. We are at the Westville Mall. Come for e free consultation.
Good day,
My company has suddenly taken a large portion of my salary and when I questioned the accounts department they informed me that it is a garnishee payment. What is it and how do I find out what to do about it. Could you please assist me.
Hi Kerry, a creditor can only get a garnishee order on application to Court and you must have been given notice of the hearing. If you did not receive notice there is a good chance, the garnishee is not valid. You can take the case number and make enquiries at the Clerk of Court who will allow you to inspect the Court file under that case number. If the garnishee is invalid you or your attorneys can make an application ex parte almost immediately, without notice to the creditor, for a provisional order to stay/suspend the garnishee until you have made application for rescission of judgment or a reduction of the garnishee amount. The Court will always leave enough money in your account for you to pay your and your dependents’ basic monthly expenses. Come for a free consultation.
Hi, I am in the process of divorcing my husband but the attorney I am dealing with is charging me too much. Do you handle divorces and if so what would you charge for an uncontested divorce. Many thanks.
Good day, I am residing in Johannesburg and cannot come in for a consultation. Is there a possibility that we can do a telephonic consultation or do you have FaceTime?
Thank you so much.
Hi Estelle, I am an attorney and I have 28 years credit repair experience. We have camera / conference call facilities and can consult with you remotely. Book a free consultation.
Am I liable to pay off my husband’s debt if he dies? We are married in community of property and he has accumulated a large amount of debt on a car registered in his name.
My father in law lives in the granny cottage of the property I own and live on. There is no official lease agreement but he pays R1500 a month to stay there. I want to renovate the cottage and lease it out for a higher profit. Father in law does not want to move nor pay a higher rent. How can I legally evict him?
Hi Shyria, you have to give him notice in terms of the Pie Act. Then Summons. The Court will grant his eviction if it will not result in him being destitute. I can do this for you. I am sure I can negotiate with him to vacate the cottage. Our office is at the Westville Mall. Come for a free consultation.
My attorney is taking an unusually long time to sort out a simple matter. I know court proceedings are lengthy and take a good amount of time. However, I have continuously asked him for updates on the case and he still has not let me know the progress despite my paying of the monthly retainer. Is there a way to find out more information on where my matter stands and what is being done? How can I get my attorney to give me a breakdown of where my money is going every month?
Hi Xolani, report the attorney to the law society aka the Legal Practice Council. Not giving you regular updates is a professional offence. Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
Hi Devon, if the occupier of the property could reasonably foresee that you would slip and be injured, you are entitled to compensation for your pain and suffering and your costs. Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
My ex husband is refusing to pay maintenance for our child that was agreed upon in court. I do not want to go through another lengthy court process to sort this out, what else can I do or is going to court the only option?
Hi Angelique, report his non-payment at the Court where you got the maintenance order and he will be summoned to explain. Not paying maintenance is a criminal offence and he could get jail-time.Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
Hi Akhil, we will stop the Sheriff from taking your car. I will take over all the contact with the attorneys and the call center agents. We are at the Westville Mall. Come for e free consultation.
Hi George, a liquidation of the company can liquidate the debts even if there are no assets in the company. It is relatively costly because you have to pay the attorneys’ fees for the liquidation application (or the cost of placing a resolution to liquidate with the Registrar of Companies), the advertising and then the liquidator for the notices to creditors, the liquidation and distribution account and the winding-up fees. If there are no assets, then creditors cannot really gain by issuing legal proceedings against the company. A creditor can apply to liquidate the company, but they have to place a bond of security for costs with the Master. Come for a free consultation.
Good afternoon. I am an attorney based in Johannesburg. Can you represent my firm in the Durban High Court. We do not have a KwaZulu Natal branch. My client is based in Johannesburg. He is suing a company based in Pietermaritzburg.
Hi Paul, yes we can function as your correspondent at the Pietermaritzburg and Durban High Courts. We can arrange allocations for the hearing of urgent applications on short notice. Let’s arrange a conference call on WhatsApp Video.
Hi Kyle, we have attorneys in Russia, Brazil, India and China as part of our network. The Brics countries are now in the process of establish a new world order referred to as “the Global South”. Please advise whether you wish to import or export goods and services and to or from which country. Provide a detailed description of the goods or services. Come for a free consultation.
Hi Sam, do you have a son? Just kidding. In terms of section 86 of the National Credit Act 34 of 2005, you cannot make application for debt review of the debt which is the subject of the summons. However if the bank did not properly deliver a notice in terms of section 86(10) or section 129(1) of the National credit Actb 34 of 2005, the summons is illegal in terms of section 130(1) of the National Credit Act 34 of 2005. the summons can then be defeated on this basis alone. We can do it all for you. Come for a free consultation.
Good afternoon. I am hoping you can help me with my problem. I purchased a vehicle a few months ago and got insurance for it, however I have failed to pay the last months instalment and now the insurance company has cancelled my insurance and they tell me that I have to pay the outstanding balance to reinstate my policy but I don’t have the money at the moment so my car is uninsured. Is there a possibility I could meet with you to discuss this further or if there is anyway I can reinstate my insurance if I pay the premium off. Thank you.
Hi Robert, my advice is to get new insurance asap with another insurance company. In my experience Santam is a reliable vehicle insurer. I can give you the contact details of a broker if you want. Remember not only can you insure against damage you can also insure against having to pay a shortfall on your finance in the case of theft or a total write off. Come for a free consultation.
Good morning to you.
I have an issue with my landlord. I am renting a property but he comes around at least once a week to check up on the house. It is very inconvenient for myself and my family as he just comes by unannounced. Is this normal or how can I stop him from coming around or at the very least make an appointment?
Your advice would be appreciated.
Hi Neville, it all is determined by the provisions of the lease agreement. Do you have a written lease agreement? Email it to us at info@cwhattorneys.co.za Or come for a free consultation and bring it with you.
Hello, my name is Tertia. I would like to know if you do debt Counselling as I am struggling to pay my monthly bills after the Christmas period.
Thanking you in advance.
Hi Tertia, we can assist you with debt counselling. The writer is a qualified debt counsellor. The only problem with being placed under debt review is it is listed as an adverse listing on your credit bureau report. This will prevent you from obtaining any finance within the next 60 months. There are also employers who will not employ you if you are listed on the credit bureau. Do you know your accounts can be reinstated if you pay the arrears plus default account charges. Perhaps you should let us try to negotiate payment plans for you. Come for a free consultation.
Good morning Sir,
I have fallen behind on my bond payments and the bank wants to repossess my house.
Is there any way you would be able to assist me in this matter?
Thank you.
Hi Colin, the good news is that if you pay the arrears and the default admin charges, the home-loan-agreement can be reinstated. If you are overindebted you can apply for debt review. An order of debt review will lengthen the term and reduce the monthly instalment to an affordable level. We can negotiate a repayment plan for you. The bank has to comply inter alia with sections 40, 86, 87, 88, 89, 90, 91, 129 and 130 and the bank summons can be opposed on any failure to comply. The Cour process can also be used to debate/audit the bank statement and ensure you charged correctly. Come for a free consultation.
Hi Colin, I can see you tomorrow at 3 pm. Or you can call my PA Rashni to arrange a suitable time. Video consultations are also available if that suits you better.
Hi there,
Happy New Year to you.
I sent an item back for a refund but the company now wants to exchange the item and is refusing to refund me my money. What can I do?
Hi Rachel, in South Africa in 2024 you are protected by the the Consumer Protection Act 68 of 2008. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered. You have right to return goods and seek redress for unsatisfactory services. Consumers have the right to return unsafe or defective goods and request a full refund for such goods. Consumers have the right to return goods that were not pre-examined prior to delivery. T Act gives rise to the creation of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act i and is responsible for the adjudication of any breach of the National Credit Act and the Consumer Protection Act.
Hi Constance, I quote from a recent article in the De Rebus legal magazine which is insightfule:
“A new twist to claims for damages for a fall
March 1st, 2023
x
BOOKMARK
The recent judgment of Lombard v McDonald’s Wingtip (GP) (unreported case no 38117/2020, 14-11-2022) (Vuma AJ), Vuma AJ considered, inter alia, whether a disclaimer clause in an establishment, which estopped an injured party from claiming damages for personal injury caused when a customer slipped and fell on a wet floor were applicable. In this instance the court found that the provisions of s 49 of the Consumer Protection Act 68 of 2008 did not avail the plaintiff and, as a result, dismissed her claim.
In his judgment, the acting judge did not deal with the judgments referred to hereunder, the first being Barkhuizen v Napier 2007 (5) SA 323 (CC) in which the Constitutional Court considered the enforceability of a time bar clause in an insurance contract.
In writing the majority judgment (which in this instance upheld the validity of such a clause) Ngcobo J (as he was then) at paras 35 and 36 said:
‘Under our legal order all law derives its force from the Constitution and is thus subject to constitutional control. Any law that is inconsistent with the Constitution is invalid. No law is immune from constitutional control. The common law of contract is no exception. And courts have a constitutional obligation to develop common law, including the principles of the law of contract, so as to bring it in line with values that underlie our Constitution. When developing the common law of contract, courts are required to do so in a manner that “promotes the spirit, purport and objects of the Bill of Rights”. Section 39(2) of the Constitution says so. All this is, by now, axiomatic. Courts are equally empowered to develop the rules of the common law to limit a right in the Bill of Rights “provided that the limitation is in accordance with s 36(1)”.
The proper approach to this matter is, therefore, to determine whether clause 5.2.5 is inimical to the values that underlie our constitutional democracy, as given expression to in s 34 and thus contrary to public policy.’
He continued at para 46 and para 52 in ruling:
‘The question whether public policy tolerates time-limitation clauses in contracts must be considered in the light of the fact that time limitations are a common feature both in our statutory and contractual terrain. Their effect is the same whether they occur in a statute or a contract. They deny the right to seek the assistance of a court once the action gets barred because an action was not instituted within the time allowed. This is true of all of them, regardless of the amount of time they allow. These clauses therefore limit the right to seek judicial redress.’
‘In my judgment … redress is consistent with the notions of fairness and justice which inform public policy. There is no reason in principle why this test should not be applicable in determining whether a time-limitation clause in a contract is contrary to public policy.’
In Naidoo v Birchwood Hotel 2012 (6) SA 170 (GSJ), Heaton-Nicholls J (as she was then) considered the existence of disclaimer clauses where in a store or at a shopping centre, or in a hotel it was sought to exclude liability for any harm befalling a member of the public who is injured while in the store or hotel or in a mall, arising out of possible negligence of the owner or its employees agents or servants. In this matter, Naidoo was a guest at the hotel where there was disclaimer notice pinned to the back of the entrance door to his room and where on hotel property a gate fell on him causing injury.
The judge was alive to the dictum of Barkhuizen and Naidoo where at para 53 she states:
‘In summary, although I am of the view that the exemption clause, in which liability for negligently causing bodily injuries or death is excluded, will not pass constitutional muster, this is not the issue before me. In applying the principles … in Barkhuizen a further enquiry is necessary where a contractual clause limits a person’s right to a judicial remedy. This is whether in the circumstances of a particular case the enforcement of such a contractual term would result in an injustice. I have come to the conclusion that in the circumstances of this particular case, to enforce the exemption clause would be unfair and unjust. In the words of Ngcobo J: “A court will bear in mind the need to recognise freedom of contract, but the court will not let blind reliance on the principle of freedom of contract override the need to ensure that contracting parties must have access to courts.”’
I am of the view that when it comes to applying the validity or otherwise of the contents of a disclaimer notice, which precludes an injured victim from recovering damages for personal injury caused by the negligence of the owner of the property or establishment or his agent or servant it will be held to be contrary to public policy on the grounds that such exclusion from liability will be inimical to the norms and values of South Africa’s Constitution, as set out in the Bill of Rights, and on the grounds that such an exclusion of liability will be unfair and will lead to injustice.
Leslie Kobrin Dip Iur (Wits) Dip Bus Man (Damelin) is a consultant legal practitioner at Bove Attorneys Inc in Johannesburg.
This article was first published in De Rebus in 2023 (Jan/Feb) DR 8”.
Good day, my neighbour keeps parking their car in front of my garage and blocking me in. Will a court mandate be of use to me? They continue to park their car there despite multiple confrontations.
Hu Buhle, the following recent case report from the De Rebus legal magazine might be of value to you:
“In Body Corporate of the Six Sectional Title Scheme No SS 433/09 v City of Cape Town [2023] 3 All SA 136 (WCC), the applicant was the body corporate of a sectional title scheme, and the respondent (the City) was the registered owner of seven neighbouring undeveloped erven forming a large open field as well as a parking lot. Although the erven had been awarded to claimants in land restitution claims, in 22 years, transfer of the properties had still not taken place. According to the applicant, the site in its current state, and the activities being conducted thereon by various persons, including the homeless, constituted a societal health, environmental and safety risk. It sought a final interdict against the City directing it to take all steps reasonably necessary to clear the site of the illegal occupants. It was contended that the nuisance generated from the site would continue until the land was redistributed as planned, but that such redistribution could not occur while the nuisance continued. The applicant, therefore, sought to compel the City to take more permanent steps to deal with the issue.
The court agreed with the applicant that the City had contravened its municipal planning by-law as the activities on the site did not comply with the permitted zoning uses. The City further failed to comply with its community fire safety by-law, its street, public places and prevention of noise nuisances’ by-law, and its integrated waste management by-law. The activities complained of gave rise to a nuisance that the applicants could not reasonably be expected to tolerate. The applicant acknowledged that the most appropriate remedy would be a structural interdict. That would afford a reasonable opportunity for the City to take appropriate remedial steps in line with the order issued by the court”.
My landlord is refusing to fix the water damage on my ceiling. He says that I am responsible for upkeep of the house during my tenancy but I was of the understanding that leaks, etc were the owners issue. Please advise
Hi James, your obligations would be as per your agreement of lease. If you have a written lease email it to charles@cwhattorneys.co.za and I will let you know my view. Fairly, I would say a landlord should be liable for fair wear and tear. In terms of section 14 of the Consumer Protection Act 68 of 2008 if you not a company is the tenant, you can give the landlord 20 business days’ notice of termination of the lease. You might benefit from sending a formal demand from an attorney. Come for a free consultation.
My dads deceased estate is in the process of being distributed. Within the process we have discovered there have been transactions on the estate that weren’t completed by us. We found out that the new owners of his property have been sending their property bills to his account. I went to the municipality but they told me to settle it out of court. What can I do about this?
Hi Taneal, you will have to obtain a Court interdict on an urgent basis to prevent the distribution from going any further. I quote from the De Rebus legal magazine which summarizes the position:
“Liquidation and distribution account
The executor shall after the last day of the period specified in the notice referred to in s 29(1) of the Act and within six months after letters of executorship having been granted or such period as the Master may allow, submit to the Master an account in the prescribed form, supported by vouchers of the liquidation and distribution of the estate (see s 35(1) of the Act). The executor shall also in the prescribed form submit an estate duty schedule.
Inspection of the accounts
The executor’s account shall, after the Master has examined and issued a memorandum dealing with any queries also has authority to advertise the account to lie open at the office of the Master’s Office, as well as the office of the Magistrate of such district where the deceased was residing for not less than 20 days for inspection by any person interested in the estate. The need to lie for inspection with a Magistrate only arises if the deceased did not reside in the city or town where the Master’s Office is situated.
The executor shall give notice of the account to lie for inspection by advertisement in the Government Gazette and in one or more newspapers circulating in the district in which the deceased was ordinarily resident at the time of their death (see s 35(5)).
On expiry of the period, the Magistrate (where the account lay for inspection at a Magistrate’s Office) shall endorse on each account that the account has been laid out for inspection without objection and transmit the account to the Master.
Objections to the accounts
Any person interested in the estate, may at any time before the expiry of the period allowed for inspection, lodge an objection in duplicate with any reasons for objection to any account. The Master shall deliver or transmit by registered post to the executor a copy of any objection with any documents in support thereof. The executor shall within 14 days after receipt of the copy of objection, transmit copies of their comments thereon to the Master.
The Master shall consider the objection and comments of the executor and if the Master finds the objection is well-founded or the account is incorrect they may direct the executor to amend the account or may give such direction as they may think fit.
Any person aggrieved by any such direction of the Master or by the refusal of the Master to sustain an objection so lodged, may apply to the High Court within 30 days for an order to set aside the Master’s decision. The High Court may make such an order as it may think fit.
Distribution of estate
When an account has been laid out for inspection and no objection has been lodged, the executor shall forthwith pay the creditors and distribute the estate among the heirs in accordance with the account. The executor must lodge with the Master the receipts and acquittances of such creditors and heirs. The executor must also lodge a certificate by the registration officer or conveyancer specifying registrations, which have been effected by the executor.
Once the letters of executorship have been issued, all the property of the deceased vests in the executor. In terms of the Act the executor is empowered to take full control of all assets forming part of the estate. The duties of the executor, include selling the property; realising its proceeds; settling debts and paying out the balance to the heirs. The executor stand in the proverbial shoes of the deceased and oversees the deceased’s property by virtue of the empowering provisions of the Act.
Mohammed Moolla BProc (UKZN) LLM (UWC) is a senior magistrate at the Wynberg Magistrate’s Court in Cape Town.
This article was first published in De Rebus in 2022 (March) DR 9”.
I was laid off at my job due to downsizing but did not receive compensation. I have tried to contact them about this but no answers. Is there anything I can do about this
Hi San, your remedy is to refer the complaint to the local CCMA. If you are subject to a Bargain Counsil, you can lodge the complaint in terms of section 73A of the Labour Relations Act 66 of 1995. Your employer was liable to call you to a consultation to consider alternatives and to pay your statutory benefits as well as severance. Did you claim UIF benefits? Come for a free consultation.
I did a paint job on a house a few months ago but the owner is withholding the second part of my payment as he says my work is ‘shoddy’ and not what he wanted. What can I do about it? Is there anyway I can book a consultation to see you in the New Year or can you advise me via your blog? Thanks
Hi Allan, the most practical approach is to request a snag list and then “fix” the snags. If you still do not receive payment, send a letter of demand and the summons for payment of the balance, interest and costs. It makes sense to ask for a deposit and then secure payment of the balance before moving off site. We can draft a Service Agreement for you. Come for a free consultation.
Good morning Sir,
I would like to book a consultation with you as I purchased a new vehicle with warranty but now the spark plugs have given in and the dealer refuses to fix the problem under the warranty. Do you have any advice for me?
Hi Lawrence, perhaps you should replace your sparkplugs. The normal course would be to sue the dealer/insurer in terms of the warranty. The quickest approach might be to lodge a complaint with the Motor Industry Ombudsman of South Africa or other consumer complaint platforms such as http://www.hellopeter.com. This can be done online. The negative publicity may convince them to fix your sparkplugs. Come for a free consultation.
Morning, I paid for a pool to be installed at my house, the contractors wanted a 50% deposit which I paid.
They brought some materials but have not been back and it is left in a mess. I have tried to contact them but they do not answer.
What are my rights and do I need to consult with you.
Thank you very much. Keith
Hi Keith, the conduct of the contractors support the suspicion that they intended to mislead you. I suggest you report the misdemeanor to the South African Police Services so they can face prosecution. If nothing else, this will flush them out. If your claim is less than R 20 000 it can be prosecuted in the Small Claims Court at very little cost. If more, you will have to follow the tried and trusted letter of demand and summons route. Your claim will be for cancellation of the contract, a full refund, interest and legal costs. Our experienced collections department can help you. Book a free consultation.
I recently purchased a laptop from a reputable company but it is already giving me problems and when I took the laptop back they refused to refund me and would not exchange it for another one. Do I have any legal rights?
Thank you in advance.
Hi Michael, your remedy lies in the Consumer Protection Act 68 of 2008. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered. You have right to return goods and seek redress for unsatisfactory services. Consumers have the right to return unsafe or defective goods and request a full refund for such goods. Consumers have the right to return goods that were not pre-examined prior to delivery. T Act gives rise to the creation of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act i and is responsible for the adjudication of any breach of the National Credit Act and the Consumer Protection Act.
Good afternoon,
I apologise for contacting you during the Christmas period.
I would like to know when your offices will be closing for the year and if they are already closed when you will be open in the New Year as I need to consult with you about a matter involving my neighbours. They have a dog that is constantly barking and they seem to not care and most of the time they are not at home leaving the dog unattended. I have spoken to them about it but it seems to fall on deaf ears. Kindly let me know if you can help.
Thank you.
Hi Kimberly, your complaint reminds me of the Puppy Town dog day-care-center case Christopher v Verster and Others (9001/2020) [2021] ZAWCHC 114 (4 June 2021). The Court held that the noise from the puppies is a public nuisance which is prohibited by animal bylaws. The Court granted an interdict forcing the business to relocate. Perhaps first see if your local SPCA will help. The animal is obviously distressed.
Thank you very much for your assistance. I think I will contact my local SPCA and if I don’t come right I will contact you again for further assistance.
Is it possible for divorce proceedings to affect my business? I haven’t filed for divorce from my husband yet but I own a small business and I’m curious if he will be entitled to a portion of it if we separate. We are married in community of property
Hi Ailsa, if you are married in community of property you and your husband have joint ownership of all your assets. Technically he has joint ownership of your small business and its assets. Likewise you have joint ownership in his assets including investments and pension plans. In the normal course, the Court will order the equal “division” of the joint estate. If you cannot agree on how the division is to take place, the Court will grant an order that the Master will appoint a liquidator who will take control of your joint estate. The liquidator will sell the assets, pay the liabilities and levy a charge for doing so. If there are grounds you can ask for an order your husband forfeits his share in the community of property. Section 9(1) of the Divorce Act 70 of 1979 stipulates the Court has a discretion to order the forfeiture of patrimonial benefits if it is an undue benefit to the spouse. Book a free consultation and we can discuss it further.
Hi Themba, the normal route is to deliver a letter demanding payment and, if no satisfactory response, to issue summons. if the Defendant does not defend the summons your attorneys can obtain default judgment which will allow you tom issue a writ of execution against movable. The sheriff is then instructed to proceed to the location of the Defendant and to attach movable goods that will satisfy the judgment debt. If the Defendant does wish to defend the summons, they have to file a plea setting out the facts of the defense and the defense itself. You may then apply for summary judgment on the basis the Defendant has defended solely for the purpose of delay. You can claim in interest from the date of invoice, calculated at the rate prescribed by the prescribed Rate of Interest Act 55 of 1975. At present this rate is 11.25% per annum with effect from 1 May 2023. You should also get an order that the Defendant must pay your legal costs on the party and party tariff. Book a free consultation.
I am immigrating in February 2024 but my lease is not over until July 2024. My landlord refuses to break my lease early even though I have been trying to do so for months in preparation for the move. Is paying my lease while I am overseas my only option or can I find a way to end it early?
Hi Luan, your remedy lies in the Consumer Protection Act 68 of 2008. I would say the lease is deemed to be cancelled 20 business days after you gave written notice of your intention to cancel. You have to pay a reasonable cancellation penalty which is normally reckoned at 2 month’s rent. If you are entitled to the return of your rental deposit, the penalty can be set off against your deposit. Come for a free consultation.
Hi Masego, with 28 years practice experience I am able to point you in the right direction even if I cannot help you in that instance eg we do class actions which is not mentioned on the website.
I’m behind on payments for my car loan, but it’s the only transport available to me. Can I still drive it or will I be pulled over for it? Is that possible? I’m still making payments but as I said I’m behind a few months.
Hi Emma, we manage to negotiate the reinstatement of most the vehicle accounts we are briefed on. The sheriff will come to the physical address you gave the bank only once it has judgment for the repossession of the vehicle. You are unlikely to be pulled off the road. I am a qualified debt counselor and can advise you on the pros and cons of applying for debt review. Come for a free consultation. Come for your free consultation as soon as possible. Even sooner if summons has already been served on you.
Good afternoon Mr Havemann.
I would like to set up a meeting with you to discuss a problem I am having with my in-laws staying in my house. They have said that they have rented a property but to date are still in my house and they won’t discuss the prospect of leaving. Is there any legal way I can get them to move out?
Hi Mr. Naicker, fortunately there is a solution available to you. Your best bet is to make application for a domestic violence interdict on the basis that their continued presence amounts to emotional and psychological abuse. This type of application is in terms of the Domestic Violence Act 116 of 1998. The relief is available from the family section of your local Magistrates’ Court. You can do it yourself. Otherwise book a free consultation with us.
Hi Mr Havemann,
Thank you for your reply. I would like to consult with you as I am not sure about going about this on my own. Would you be able to assist or make the application on my behalf?
Thank you once again.
Hi,
I am in a battle with a merchant who refuses to answer my numerous messages requesting a refund.
Is there anyway I can book a consultation with you or if it can be done telephonically.
Hi Lucinda, yes sure. Your first consultation is free of charge. We can meet in person or virtually. We have conference cameras making it easy to meet via WhatsApp video, Zoom or Microsoft Teams.
Hi Charles, thank you for your reply. I would like to meet in person if possible. Please could you let me know when you have an appointment available.
Many thanks,
Lucinda
Good afternoon Charles. Is it possible to hire a new attorney before my trial date as my current attorney has told me he cannot take my case anymore. Will I have to start the litigation process over again or can a new attorney pick up where the last one left off? Thank you
Hi Siphosihle, yes you can change attorneys at any time. If you want to know whether an attorney is in good standing or other information about attorneys, you can access the website of the Legal Practice Council at http://www.lpc.org.za Why don’t you arrange a free consultation with our firm?
I want to take out a mortgage but I am worried that my credit score is too high for a bank to accept my bond request. Can you please leave your details in reply to this comment so I can schedule a meeting.
Hi Bryon, a high credit score will assist you in getting finance. If you have unpaid accounts the default listings at the credit bureau results in you having a low credit score. We are online with the major credit bureaus. If you send through your full names, ID number and permission for us to access your credit information (in terms of the POPI Act) we will do a credit check and advise you how to improve your credit score. Contact Rashni on info@cwhattorneys.co.za
Hi Kennith, yes we can assist you with any type of debt problem. Please provide us with a contact number and Rashni or Londeka will schedule a free consultation for you.
Hello, I am attempting to send divorce documents to my ex-husband but he is refusing to sign them. He has moved out and I don’t have his new address to even deliver the documents to him. Can you help me with this?
Hi Analise, I am sorry you are getting divorced. We can obtain a Court order that the divorce summons be served by way of substituted service also known as edictal citation eg we obtained a Court order from the Pietermaritzburg High Court that a divorce summons be served on the husband in the United Kingdom by email! Why don’t you come for a free consultation?
Hi Tom, the banks often employ call centers who hound you for payment. I suggest you block these calls because credit agreements require all arrangements to be in writing anyway. I suggest you approach the bank to pay the loan off in affordable instalments. if the bank is not amendable you can approach another bank for a loan to pay the first bank. You then pay the second loan off in instalments. Or if it is serious enough, you can apply for debt review which will reduce your monthly instalments by lengthening the terms of the loan. Come for a free consultation!
The sherif has come to my property multiple times to try and repossess my car but I have not received a summons or any other communication about it. It is a big commotion when the sherif comes, what can I do when he comes next time?
Hi Natalie, if it is the sheriff, the financing bank has probably obtained a Court order for the repossession of your vehicle. Ask the Sheriff for the case number and the Court and we will obtain a copy of the Court file. Even if you were in default, the bank has to comply with section 129 and 130 of the National Credit Act 34 of 2005 before enforcing the agreement. If you pay up the arrears before the agreement is cancelled, the instalment sale agreement will be reinstated. If the bank has not complied with said section 129 and 130, we can help you obtain a rescission of judgment and negotiate affordable terms for you.
Hi Kelvin, the easiest way to do do this is to make an affordable payment on a regular basis to bring the account up to date. It is very important to CUT UP YOUR WOOLWORTHS CARD. Good luck!
I have a house in my name but it is part of a large trust that my parents are withholding from me. I want to rent the house out. What can I do about gaining ownership of the trust?
Hi Jacobus, the first issue to clear up is whether the property is owned by you or the trust. We can do a property search of the database of the Deeds Office for you. If the property is owned by you, you can do with the property what you want. If the property is owned by the trust, only the trustees can deal with the property. The trust deed will set out the voting rights of the trust. If you are trustee and/or a beneficiary, we can obtain a copy of the trust deed and advise you accordingly. We can search the Master’s records to check if you are the trustee of any trust. Come for a free consultation.
I would like to book a free consultation with you but I am not sure if I want to open a retainer yet. Can I book the consultation without going forward with further litigation if I wish to?
Hi Cindy, you can come for a free consultation on any new matter without any commitment to brief our firm or any other party. Book your free consultation today.
Hi Michael, it is possible to summons a person outside the country. The first instance is where a foreign Court has jurisdiction eg you claim for the repair of a motor vehicle damaged as a result of a collision in Tianjin, China. In this instance I recommend you brief local attorneys in Tianjin via a South African attorney. The second instance is where a South African Court has jurisdiction eg you signed a supplier contract with a company based in Sao Paulo, Brazil and they appointed an address in Durban as the address where they will accept service of legal notice. Come for a free consultation. Bring your file.
Morning. Sorry to worry you so early in the morning but I am in need of your help.
I have a property with a separate granny cottage which I am renting out.
The lease on the cottage is up but the tenants are refusing to leave. I am selling my house and I need to wrap things up.
I have the lease documents but they want to stay on.
Is there something that can be done?
Hi Tabitha, in South Africa the law requires judicial supervision of all instances where a landlord seeks to evict occupants from residential property. The reason is because illegal occupiers have a right to residential housing in terms of section 26 of the Constitution of the Republic of South Africa. Eviction proceedings requires notice to the occupiers in terms of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. You also have to join the local municipality as a respondent in case they have emergency housing available for the occupiers to move in to. It can be a long process because the social welfare of the occupants is a very important factor. The application can be brought on an urgent basis though the fact that you are selling the property will not weigh heavier than the possibility they and/or aged persons and/or children may become destitute. Come for a free consultation.
Good afternoon.
I am needing advice.
My neighbours are playing loud music at night and I phoned the police who won’t do anything about it.
Is there anything that can be done legally to stop it.
thank you
Hi Chris, sound waves above 85 dB are considered damaging to human hearing. For residential housing, the accepted noise level is less. Any noise exceeding 70 dB is considered disturbing. Municipal bylaws normally allow reasonable loud music in residential suburbs before 10 pm on a Friday and Saturday. If the police are not of assistance, you can obtain a restraining order from the local Magistrates Court. Your neighbours will be given a date on which they can state their case but if they disobey the order they will be guilty of contempt which is a criminal offence. Come for a free consultation.
Hi Sir/madam,
My name is Lerato. I want some advice from you.
I want to know if you can help me with my boyfriend. He is trying to take my child away.
We are not married and it is his child.
Do you think you can help me?
Thank you.
Hi Lerato, if he is acting in a violent manner, my suggestion is you go to the family section of your local Magistrates Court and apply for a domestic violence interdict to be granted on an urgent basis. This is if you are experiencing his conduct as abusive. Specific interdict proceedings can be brought in the High Court which is normally more expensive because you have to brief an advocate. Fortunately, I am an attorney who has right of appearance in the High Court. In the interim you must report any criminal conduct to your local police station. If you require police assistance urgently, call 10111, give your location and report the emergency. You will be given a call reference number which you must keep. Come for a free consultation.
I sold my house October of last year and have just received a letter from the municipality telling me I have to pay water and electricity that has been billed to my name from that property. The problem is that ownership was transferred to the new owners a year ago already and I haven’t been living on the property since. I was told that it is my fault for not closing my municipal account but I was of the understanding that it was the new owners responsibility to open their own account for the house. What can I do about this? The bills are accumulating interest that I’m expected to pay as well but these bills are all dated to after I had already sold the house and moved out
Hi Shaun, it should be easy enough to negotiate a settlement in terms of which you stop using the credit card and pay it off by way of weekly/monthly instalments. Once it is paid off, any adverse listing on your credit bureau reports must be removed. We can assist you. Come for a free consultation.
What can I do about my neighbours tree hanging over into my property?? They won’t cut the branches and won’t let me cut them down myself and the leaves are making a lot of mess
I signed a contract with my friend to buy a motorcycle and the seller says he does not want to sell to me anymore since I am paying half and my friend is paying the other half. He says that the offer was for me only and that the contract we signed is not valid anymore because my friend signed it aswell. I don’t understand why he is saying this as we signed the contract so surely it would mean he has to sell it to me?
Good morning sir. I have defaulted on my car payments after losing my job in February. I have two Landrovers that I am currently paying off and the bank wants to take me to court but I did a Google search and found out about sequestration. I am unable to pay the car payments right now as well as other bills. Is sequestration of my estate the only solution and are you able to assist me with this? Thank you.
Hi Janet, you can obtain a type of protection order against your boyfriend but in a domestic context it is referred to as a domestic violence protection order. You will require witness testimony (including your own) and/or documentary evidence of the violence including emotional, psychological and/or economic/financial violence / abuse. If there are grounds for urgency, an interim order can be obtained on the day you first go to Court. Come for a free consultation.
I need to make injuries claim. I was badly injured in my work place, I have been trying to speak to my employer about it. It has been some time and seems to be no way forward. I need legal advice. Can you please help?
Hi Grace, we can assist you. Sorry you were hurt. The employee must tell the employer of the accident, injury or disease verbally or in writing. The employer must report the accident or disease to the Compensation Commission within 7 days for an injury and within 14 days after gaining knowledge of an alleged occupational injury. The Compensation Commission will compensate you for the injury. If the employer does not report refer the complaint to the local CCMA or Bargaining Council. Come for a free consultation. Or we can do a camera/video call.
I received a summons for repossession of my Tiguan. I did miss some payments during Covid. I can pay the arrears on my account and maintain the monthly instalments. The attorney representing the bank wants to whole capital and a high figure for legal costs. I did not receive any notice from them before the sheriff brought the summons. Can you assist?
Hi Stacey, we have the answer to your problem. The instalments sale agreement for your Tiguan is subject to the National Credit Act. Section 129 of the NCA provides for the reinstatement of a credit agreement if the consumer (that’s you) pays the arrears and the default administration charges. The latter are the bank’s expenses in responding to your default but not the legal costs. You can come in for a free consultation and you can then decide whether you want us to assist you with resolving that issue. You can also decide if you want to lodge a complaint with the National Credit Regulator at http://www.ncr.org.za
I need legal assistance. I have 4 siblings. We all contributed towards the purchase price of a house. All along I thought my name appears in the document of legal title but it is not there. Can you help me either claim back the money that I contributed or my name be included in the title deed. If it’s possible I can call/send an email.
Hi Lungile, in South Africa we cannot acquire immovable property in South Africa without a written agreement. Do you have anything in writing with your siblings? One way or the other, we should be able to find a solution to your problem.
Hi again Marie, yes the banks often use call centers to try and do telephone collection. These calls will become much easier once you can refer the caller to the payments you have started making. Are the incessant calls getting on your nerves? We have the solution for you! Once we represent you we take over all the calls and correspondence from you! Refer the next call center call to us!
Hi Marie, if your problem is a credit card that has gone bad we have the solution for you. We normally obtain a copy of the credit card agreement and check that you are charged the correct interest rate and all the charges are legitimate. You then stop using the card and we negotiate small enough monthly payments. The magic of the process is that because you pay a lesser amount of interest per month you pay the credit card debt off quicker and quicker. Once ethe credit card debt is paid off you use that instalment to pay off the next debt. You can apply for debt review if you want but that tends to be a costly process which is not always effective.
I need legal assistance. We had a signed agreement with my business partner that we will both pay
R6 000 every month to rent our place of business. She was unable to pay since February 2023. I have been paying full amount by myself because she promised to pay it all back first week of July. I want to sue her and claim. Can you help?
Hi Zinhle, yes, we can enforce the terms of your verbal agreement that she refunds the rent you paid on her behalf. I suggest we send a letter requesting payment and then I will try to negotiate an amicable settlement. If this yields no results, we will proceed with a Court summons. I would attempt to negotiate an out of Court settlement with opposing attorneys as soon as is practical.
Hi Mr Attorney, we are a security company with 300 employees in Chatsworth. 250 employees have joined a trade union. They have referred a claim in terms of section 73A to the CCMA. They claim R 1 300 000 bonus and R 850 000 back pay in terms of the collective bargaining agreement for the private security industry. We were not aware of these provisions. Can you assist us?
We have a company in Westville. Our main client is 4 months behind on paying invoices. We are running out of funds to pay wages. What can we do?
Hi, i am under debt review, can you help me? Can I make an appointment to see you?
Hi Gina, I am an attorney with 28 years credit repair experience. I can renegotiate the terms of your debt review. I am sure I can force your creditors to accept your proposal. I can make sure your debt review is removed from your Itc. We have offices at the Westville Mall and Dawncliffe Square. Come for a free consultation.
Hi, the sheriff just came to my house and gave me a summons because I am behind on payment for my BMW. He looked for the vehicle but it is parked off at my mother’s house. He says I must sms him where it is because he will fetch it in 3 weeks time. He said I can do nothing about it.
Hi Senzo, I am a senior attorney and I can stop the Sherrif from taking your car. I can negotiate a friendly settlement. Come for a free consultation. As soon as possible. Please not we can consult with you in Zulu. Ngicela singakwazi ukubonisana nawe ngesiZulu.
Is it possible to delay foreclosure proceedings? I am behind on my bond payment however I feel there are less extreme steps to take before foreclosure
The bank commences “foreclosure” by issuing a Court summons. We can help you negotiate terms with the bank even after the summons arrives. If the bank has not complied with the formalities, we can defend the bank summons on your behalf. Before evicting you, a new owner must be the registered owner and must make application to Court in compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 This is also known as the PIE Act. If you cannot afford to be relocated, you cannot be evicted until you can. Come for a free consultation. Remember we can also assist you in Zulu. Khumbula singakusiza nangesiZulu.
I have found myself in a large amount of debt and contacted a debt relief company who said they can advise me on the necessary steps to take to pay my creditors back. I paid them the fees they wanted and have not had any communication with them since and no help regarding my debt relief. I am at a loss for what to do. I am more concerned about my debt at this point but I do want to take legal action against this “business” down the line. Are you able to help me with both issues?
I can help you report the company to the National Credit Regulator. We have an affordable debt solution for you. Come for a free consultation.
Good day are there legal repercussions to starting a business without registering it
You do not have to register most small businesses. Dangerous businesses eg security guards to have to be registered,
I’m going through a divorce, married in community of property and Im worried about the division of assets. I want to know how the court will decide the division of our house which is in my name
Hi Nishan, if you bare married in community of property, the divorce order provides for the community of property to be divided equally between the parties. If you cannot agree, the Court will grant an order that the Master of the High Court appoints a trustee/liquidator to sell the assets, pay the liabilities, pay the liquidators fees and then pay you an equal share of what is left. Come for a free consultation.
My employer has let me go from my job due to my pregnancy. What steps can I take to sue for wrongful termination? Or is this a case of discrimination or both?
Hi Juweria,
Section 6 of the Employment Equity EA reiterates the Constitution’s prohibition against discrimination on the grounds of pregnancy.
The Labour Relations Act
Section 187(1)(e) of the LRA prohibits the dismissal of an employee for any reason related to her pregnancy. In fact, this section makes such a dismissal automatically unfair. This effectively means that such a dismissal:
breaches a basic right of the employee and
can never be justifiable and
merits compensation to be paid by the employer up to an amount equivalent of 24 months’ remuneration.
Hi,
Is there any way of getting out of a signed contract? Can I maybe consult with you?
Hi Jeremy, a contract is not enforceable if you were mislead, both parties made the same mistake, the contract is not legal, performance is impossible, the claimant breached the contract first, a few more. Call Rashni on 031 267 0396 to arrange a free consultation with an attorney. We have an office at the Westville Mall.
Good day,
I cannot pay my daughter’s school fees and the school keeps phoning me. What can I do about it? Do you think the school will give me a payment plan?
You can get an exemption from paying school fees. Come and I will show you which form you have to fill in and how to fill it in. I will not charge you for this..
Hi there,
I am struggling to pay my monthly bond and I am afraid the bank is going to take my house away. Is there anything you can do to halt the bank from summonses by me?
Thank you
The bank commences repossession of your immovable by issuing a Court summons. We can help you negotiate terms with the bank even after the summons arrives. If the bank has not complied with the National Credit Act 34 of 2005, we can defend the bank summons on your behalf. We have won a number of cases against various banks. Before evicting you, a new owner must be the registered owner and must obtain a Court order in compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 This is also known as the PIE Act. If you cannot afford to be relocated, you cannot be evicted until you can. Come for a free consultation. Remember we can also assist you in Afrikaans. Ons kan jou help. Ons gee jou ‘n gratis konsultasie. Kom sien ons!
Hi, I am in the process of building a garage onto my house. I paid a deposit to the contractors but now they tell me they want the full payment before they start. Please could you assist me and what my rights are.
Hi Peter, we can probably
get an interim order, on a few days’ notice, that they comply with the contract on the agreed terms. If they breach again, we can get an order they be held in contempt for which they can be jailed.
Good day, I just received a writ of execution. What does that mean and what do I do about it?
Hi Bruce, I refer to our conversation after you sent the message. The bank got judgment because you are behind with payments. The sheriff has now attached your home. The Sheriff will sell your home at an auction. I am an attorney of 28 years experience and I can stop the process. Come for a free consultation.
Hi, I’m under debt review. Can you help me?
Hi Jean, I can fix all of that for you.
I Have been paying loans but the amount the debt collectors are looking for as i cannot afford it.i am paying a decent amount but they still keep on calling multiple times a day to ask for more.can i still be summoned to court for avoiding there calls and paying what i can afford?
Hi Kuben, unfortunately you can still be called to Court if you fail to pay an instalment on time. We are often able to negotiate payment terms for credit agreements. The banks have to strictly comply with the formalities of the National Credit Act and their case can be dismissed for non-compliance. We normally highlight the weaknesses in their case and then use it to negotiate affordable payment plans for our clients. We have offices in Westville and Pinetown, KwaZulu Natal. Come for a free consultation.
Thank you for your reply. Could I make an appointment when you are available as soon as possible. Thanks, Kuben
Hi Kuben, I confirm we had a video call. Let me know what you want to do nest.
Hi, do you do debt counselling?
Hi Lerato, the short answer is you approach a reputable debt counselor like Octogen. They help you formulate a proposal to pay a lower instalment over a longer period of time. They negotiate acceptance of the proposal by the banks. It is pricey. The flaw in the debt counselling system is that the credit providers are under no obligation to accept any proposal from you. If you do not dance to their tune, the debt review application is unsuccessful, and you have wasted the charges. The application for debt review goes on to your credit bureau records as an adverse listing and you cannot get any type of credit while it is there. The banks are extremely strict with unsecured credit. One way or the other, we can assist you. Come for a free consultation.
I have been issued a writ of execution on my bond. Can you please help me with this?
Hi Andre, if there is a writ of execution due to default on your bond, you will have to act quickly. The bondholding bank has issued summons and had has served it at the physical address that was on your credit app. This is probably the address where you lived at the time you made the application, before you moved to your present location. If a credit summons is not defended, the bank will get default judgment. A writ of execution is then given to the Sheriff to go to the credit app address and attach sufficient movable goods to satisfy the claim. If sufficient assets are not found, the bank then attaches the property itself and the sheriff’s sells the property at an auction. There are a number of remedies available to you. You can make application for the rescission of the judgment if your bond is paid up or the banks has not complied with one of the formalities prescribed by the National Credit Act 35 of 2005 eg did not deliver a section 129 notice, drawing your attention to the allegation of arrears BEFORE it issued summons. In my experience, if you make application for rescission within 20 working day of being aware of the judgment, the bank will usually not proceed with the auction until the application for rescission is heard. If the bank opposes the application for rescission, it can take a few months before the application is hears. During this time we can assist you in negotiating an out of Court settlement from the bank. Another option is an application for debt review, but this process can present a number of difficulties. The bank is not obligated to accept your offer of a reduced payment and the application can fail, resulting in a waste of legal fees. The debt review record will stay on you credit bureau listings for a period of at least 60 months during which you will not be granted any credit. Come for a free consultation.
I have two cars that I am paying off however I have run into some trouble and cannot pay the next instalments. What will happen if I skip a month? Will I be summonsed?
Hi Andile, one option is an application for debt review, but this process can present a number of difficulties. The bank is not obligated to accept your offer of a reduced payment and the application can fail, resulting in a waste of legal fees. The bank is unlikely going to agree to your proposal of a reduced instalment and debt review on both cars. You would have to realise the value of the second car and apply the proceeds to reduce the balance of your instalment sale agreement on the second vehicle. The debt review record will stay on you credit bureau listings for a period of at least 60 months during which you will not be granted any credit. Come for a free consultation. If the bank has not complied with the formalities of the National Credit Act 34 of 2005 BEFORE issuing summons, the summons can be defeated on this basis alone. Eg the bank must serve actual notice of their allegations on arrears on you before enforcing the credit agreement. It is called a section 129 notice. It is an option to defend the summons on this basis and then, with our assistance, you negotiate an affordable settlement. This can be done for both vehicles. Come for a free consultation.
Thank you for your response. When are you available for a consultation. It is quite urgent.
Thanks, Andre
Hi Andre, our bad credit enquiries get a free consultation within a day or two. The same with our cleaning your credit bureau services. Send a message or call Rashni at 031 267 0396 to make a booking. Dont stress. I am an attorney of 28 years’ experience. I can help you.
Hello.
I have been told by a debt counsellor that I can’t apply for debt review as I have received a summons on my bond. Please can you help me. I have three children and don’t want to lose my home. Thank you kindly.
Hi Cheryl,
The debt counsellor is wrong. You can apply for debt revie of a debt after the credit provider has issued summons.
Section 86(5) and section 87 of the National Credit Act 34 of 2005 states that:
“(85. Court may declare and relieve overindebtedness.
Despite any provision of law or agreement to the contrary, in any court proceedings in which a credit agreement is being considered, if it is alleged that the consumer under a credit agreement is overindebted, the court may
(a) refer the matter directly to a debt counsellor with a request that the debt counsellor evaluate the
consumer’s circumstances and make a recommendation to the court in terms of section 86 (7); or
(b) declare that the consumer is overindebted,
as determined in accordance with this Part, and make
any order contemplated in section 87 to relieve the consumer’s overindebtedness.
87. Magistrate’s Court may rearrange consumer’s obligations.(
1) If a debt counsellor makes a proposal to the Magistrate’s Court in terms of section 86 (8) (b), or a consumer applies to the Magistrate’s Court in terms of section 86 (9), the Magistrate’s Court must conduct a hearing and, having regard to the proposal and information before it and the consumer’s financial means, prospects and obligations, may(
a) reject the recommendation or application as the case may be; or
(b) make
i) an order declaring any credit agreement to be reckless, and an order contemplated in section
83 (2) or (3), if the Magistrate’s Court concludes that the agreement is reckless;
(ii) an order rearranging
the consumer’s obligations in any manner contemplated in section
86 (7) (c) (ii); or
(iii) both orders contemplated in subparagraph (i) and (ii).
(2) The National Credit Regulator may not intervene before the Magistrate’s Court in a matter referred to it in
terms of this section.”
Clearly, if your overindebted, the Court hearing the claim of the credit provider who has issued summons on you, has the power to place you under debt review.
The summons can be opposed on this basis.
We can assist you.
Come for a free consultation.
Good day,
I have a problem but I live in Gauteng and can’t make it to see you in person and the attorney I saw here wanted to charge me too much. Could you assist me telephonically? It is a bond matter. I am behind on my payments. Thanks
Hi Carol, we can exchange documents by WhatsApp or Email. We have a conference camera and can consult remotely. Zoom, Microsoft Teams or WhatsApp Video. Or telephonically. Book a free consultation.
Morning Sir,
I have received a summons for being in default of my house. What can I do about it?
Thank you
Hi Leonard, we can ensure the bank has complied with all the formalities of the National Credit Act and the Consumer Protection Act. We normally negotiate an affordable settlement. Book your free consultation.
Morning,
I have a child with my ex husband and he wants custody of our daughter. He is threatening me and says he will tell the court that I am an unfit mother. Please can you help me as I am worried. What can I do?
Hi Claire, he has to make a formal application to your local Magistrates Court. In South Africa, the Courts are unlikely to take primary residence away from the biological mother. If he is a fit and proper person he will be granted access to the children. This may be supervised or unsupervised. Let’s negotiate a fair divorce settlement for your. Book a free consultation. With an attorney.
Hi,
I received a summons for arrears on my car. Can you perhaps help me with this?
Hi Akhil, we will stop the Sheriff. I will take over all the contact with the attorneys and the call center agents. We are at the Westville Mall. Come for e free consultation.
Good morning, I am in arrears with my bond but I have not received anything from the bank, no summons or letter of demand. What should I do?
Good day,
My company has suddenly taken a large portion of my salary and when I questioned the accounts department they informed me that it is a garnishee payment. What is it and how do I find out what to do about it. Could you please assist me.
Hi Kerry, a creditor can only get a garnishee order on application to Court and you must have been given notice of the hearing. If you did not receive notice there is a good chance, the garnishee is not valid. You can take the case number and make enquiries at the Clerk of Court who will allow you to inspect the Court file under that case number. If the garnishee is invalid you or your attorneys can make an application ex parte almost immediately, without notice to the creditor, for a provisional order to stay/suspend the garnishee until you have made application for rescission of judgment or a reduction of the garnishee amount. The Court will always leave enough money in your account for you to pay your and your dependents’ basic monthly expenses. Come for a free consultation.
Good day,
I would like to know if you are able to check my ITC status as I would like to purchase a vehicle. Thank you.
Hi Dennis, we can check your credit bureau status and advise you as regards the best possible credit decision. Come for a free consultation.
Hi, I am in the process of divorcing my husband but the attorney I am dealing with is charging me too much. Do you handle divorces and if so what would you charge for an uncontested divorce. Many thanks.
Good day, I am residing in Johannesburg and cannot come in for a consultation. Is there a possibility that we can do a telephonic consultation or do you have FaceTime?
Thank you so much.
Hi Estelle, I am an attorney and I have 28 years credit repair experience. We have camera / conference call facilities and can consult with you remotely. Book a free consultation.
Am I liable to pay off my husband’s debt if he dies? We are married in community of property and he has accumulated a large amount of debt on a car registered in his name.
My father in law lives in the granny cottage of the property I own and live on. There is no official lease agreement but he pays R1500 a month to stay there. I want to renovate the cottage and lease it out for a higher profit. Father in law does not want to move nor pay a higher rent. How can I legally evict him?
Hi Shyria, you have to give him notice in terms of the Pie Act. Then Summons. The Court will grant his eviction if it will not result in him being destitute. I can do this for you. I am sure I can negotiate with him to vacate the cottage. Our office is at the Westville Mall. Come for a free consultation.
My attorney is taking an unusually long time to sort out a simple matter. I know court proceedings are lengthy and take a good amount of time. However, I have continuously asked him for updates on the case and he still has not let me know the progress despite my paying of the monthly retainer. Is there a way to find out more information on where my matter stands and what is being done? How can I get my attorney to give me a breakdown of where my money is going every month?
Hi Xolani, report the attorney to the law society aka the Legal Practice Council. Not giving you regular updates is a professional offence. Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
I slipped on an uneven drain grate in the parking lot of a shopping mall. I twisted my ankle but no major damage. Can I take legal action?
Hi Devon, if the occupier of the property could reasonably foresee that you would slip and be injured, you are entitled to compensation for your pain and suffering and your costs. Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
My ex husband is refusing to pay maintenance for our child that was agreed upon in court. I do not want to go through another lengthy court process to sort this out, what else can I do or is going to court the only option?
Hi Angelique, report his non-payment at the Court where you got the maintenance order and he will be summoned to explain. Not paying maintenance is a criminal offence and he could get jail-time.Our office is at the Westville Mall. Come for a free consultation. We can consult and correspond in Zulu.
What can I do about a summons that the Sheriff issued to me for non-payment of my car instalment.
Hi Akhil, we will stop the Sheriff from taking your car. I will take over all the contact with the attorneys and the call center agents. We are at the Westville Mall. Come for e free consultation.
Do you have a WHATTSAP facility to deal with queries?
Hi Chantel, yes we have on 0762998130. And it is not a Chatbot! All contact is 100% human and conscious. Give it a try.
Hi,
My company is bankrupt and owns no asset. Can a liquidation of the company help me?
Hi George, a liquidation of the company can liquidate the debts even if there are no assets in the company. It is relatively costly because you have to pay the attorneys’ fees for the liquidation application (or the cost of placing a resolution to liquidate with the Registrar of Companies), the advertising and then the liquidator for the notices to creditors, the liquidation and distribution account and the winding-up fees. If there are no assets, then creditors cannot really gain by issuing legal proceedings against the company. A creditor can apply to liquidate the company, but they have to place a bond of security for costs with the Master. Come for a free consultation.
Good afternoon. I am an attorney based in Johannesburg. Can you represent my firm in the Durban High Court. We do not have a KwaZulu Natal branch. My client is based in Johannesburg. He is suing a company based in Pietermaritzburg.
Hi Paul, yes we can function as your correspondent at the Pietermaritzburg and Durban High Courts. We can arrange allocations for the hearing of urgent applications on short notice. Let’s arrange a conference call on WhatsApp Video.
Good day, how can I become involved in the Brics initiative.
Many thanks
Hi Kyle, we have attorneys in Russia, Brazil, India and China as part of our network. The Brics countries are now in the process of establish a new world order referred to as “the Global South”. Please advise whether you wish to import or export goods and services and to or from which country. Provide a detailed description of the goods or services. Come for a free consultation.
Can I apply for debt review if I have already received summons on my vehicle finance?
Hi Sam, do you have a son? Just kidding. In terms of section 86 of the National Credit Act 34 of 2005, you cannot make application for debt review of the debt which is the subject of the summons. However if the bank did not properly deliver a notice in terms of section 86(10) or section 129(1) of the National credit Actb 34 of 2005, the summons is illegal in terms of section 130(1) of the National Credit Act 34 of 2005. the summons can then be defeated on this basis alone. We can do it all for you. Come for a free consultation.
Good afternoon. I am hoping you can help me with my problem. I purchased a vehicle a few months ago and got insurance for it, however I have failed to pay the last months instalment and now the insurance company has cancelled my insurance and they tell me that I have to pay the outstanding balance to reinstate my policy but I don’t have the money at the moment so my car is uninsured. Is there a possibility I could meet with you to discuss this further or if there is anyway I can reinstate my insurance if I pay the premium off. Thank you.
Hi Robert, my advice is to get new insurance asap with another insurance company. In my experience Santam is a reliable vehicle insurer. I can give you the contact details of a broker if you want. Remember not only can you insure against damage you can also insure against having to pay a shortfall on your finance in the case of theft or a total write off. Come for a free consultation.
Good morning to you.
I have an issue with my landlord. I am renting a property but he comes around at least once a week to check up on the house. It is very inconvenient for myself and my family as he just comes by unannounced. Is this normal or how can I stop him from coming around or at the very least make an appointment?
Your advice would be appreciated.
Hi Neville, it all is determined by the provisions of the lease agreement. Do you have a written lease agreement? Email it to us at info@cwhattorneys.co.za Or come for a free consultation and bring it with you.
Hello, my name is Tertia. I would like to know if you do debt Counselling as I am struggling to pay my monthly bills after the Christmas period.
Thanking you in advance.
Hi Tertia, we can assist you with debt counselling. The writer is a qualified debt counsellor. The only problem with being placed under debt review is it is listed as an adverse listing on your credit bureau report. This will prevent you from obtaining any finance within the next 60 months. There are also employers who will not employ you if you are listed on the credit bureau. Do you know your accounts can be reinstated if you pay the arrears plus default account charges. Perhaps you should let us try to negotiate payment plans for you. Come for a free consultation.
Good morning Sir,
I have fallen behind on my bond payments and the bank wants to repossess my house.
Is there any way you would be able to assist me in this matter?
Thank you.
Hi Colin, the good news is that if you pay the arrears and the default admin charges, the home-loan-agreement can be reinstated. If you are overindebted you can apply for debt review. An order of debt review will lengthen the term and reduce the monthly instalment to an affordable level. We can negotiate a repayment plan for you. The bank has to comply inter alia with sections 40, 86, 87, 88, 89, 90, 91, 129 and 130 and the bank summons can be opposed on any failure to comply. The Cour process can also be used to debate/audit the bank statement and ensure you charged correctly. Come for a free consultation.
Good morning Charles,
Thank you for replying to my enquiry.
When are you available to meet?
Thank you so much.
Hi Colin, I can see you tomorrow at 3 pm. Or you can call my PA Rashni to arrange a suitable time. Video consultations are also available if that suits you better.
Hi there,
Happy New Year to you.
I sent an item back for a refund but the company now wants to exchange the item and is refusing to refund me my money. What can I do?
Hi Rachel, in South Africa in 2024 you are protected by the the Consumer Protection Act 68 of 2008. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered. You have right to return goods and seek redress for unsatisfactory services. Consumers have the right to return unsafe or defective goods and request a full refund for such goods. Consumers have the right to return goods that were not pre-examined prior to delivery. T Act gives rise to the creation of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act i and is responsible for the adjudication of any breach of the National Credit Act and the Consumer Protection Act.
Contact the following help lines for assistance:
The Dti Customer Contact Centre: 0861 843 384
The Dti Office of Consumer Protection (OCP) : (012) 394 1436 / 1558 /1076
E-mail: contactus@thedti.gov.za
The Dti Website: http://www.thedti.gov.za
National Consumer Tribunal (NCT): (012) 663 5615
NCT E-mail: Registry@thenct.org.za
NCT Website: http://www.thenct.org.za
Book a free consultation with us.
Good afternoon,
I sent a message on 29 December regarding a consultation with you. When will your office be open again?
Thank you kindly.
Hi Alan, are you available tomorrow? What times? Ot we can book a Zoom, WhatsApp or Microsoft Teams video call. First consultation is free of charge.
Is it possible to claim damages from someone whose property I injured myself on?
Hi Constance, I quote from a recent article in the De Rebus legal magazine which is insightfule:
“A new twist to claims for damages for a fall
March 1st, 2023
x
BOOKMARK
The recent judgment of Lombard v McDonald’s Wingtip (GP) (unreported case no 38117/2020, 14-11-2022) (Vuma AJ), Vuma AJ considered, inter alia, whether a disclaimer clause in an establishment, which estopped an injured party from claiming damages for personal injury caused when a customer slipped and fell on a wet floor were applicable. In this instance the court found that the provisions of s 49 of the Consumer Protection Act 68 of 2008 did not avail the plaintiff and, as a result, dismissed her claim.
In his judgment, the acting judge did not deal with the judgments referred to hereunder, the first being Barkhuizen v Napier 2007 (5) SA 323 (CC) in which the Constitutional Court considered the enforceability of a time bar clause in an insurance contract.
In writing the majority judgment (which in this instance upheld the validity of such a clause) Ngcobo J (as he was then) at paras 35 and 36 said:
‘Under our legal order all law derives its force from the Constitution and is thus subject to constitutional control. Any law that is inconsistent with the Constitution is invalid. No law is immune from constitutional control. The common law of contract is no exception. And courts have a constitutional obligation to develop common law, including the principles of the law of contract, so as to bring it in line with values that underlie our Constitution. When developing the common law of contract, courts are required to do so in a manner that “promotes the spirit, purport and objects of the Bill of Rights”. Section 39(2) of the Constitution says so. All this is, by now, axiomatic. Courts are equally empowered to develop the rules of the common law to limit a right in the Bill of Rights “provided that the limitation is in accordance with s 36(1)”.
The proper approach to this matter is, therefore, to determine whether clause 5.2.5 is inimical to the values that underlie our constitutional democracy, as given expression to in s 34 and thus contrary to public policy.’
He continued at para 46 and para 52 in ruling:
‘The question whether public policy tolerates time-limitation clauses in contracts must be considered in the light of the fact that time limitations are a common feature both in our statutory and contractual terrain. Their effect is the same whether they occur in a statute or a contract. They deny the right to seek the assistance of a court once the action gets barred because an action was not instituted within the time allowed. This is true of all of them, regardless of the amount of time they allow. These clauses therefore limit the right to seek judicial redress.’
‘In my judgment … redress is consistent with the notions of fairness and justice which inform public policy. There is no reason in principle why this test should not be applicable in determining whether a time-limitation clause in a contract is contrary to public policy.’
In Naidoo v Birchwood Hotel 2012 (6) SA 170 (GSJ), Heaton-Nicholls J (as she was then) considered the existence of disclaimer clauses where in a store or at a shopping centre, or in a hotel it was sought to exclude liability for any harm befalling a member of the public who is injured while in the store or hotel or in a mall, arising out of possible negligence of the owner or its employees agents or servants. In this matter, Naidoo was a guest at the hotel where there was disclaimer notice pinned to the back of the entrance door to his room and where on hotel property a gate fell on him causing injury.
The judge was alive to the dictum of Barkhuizen and Naidoo where at para 53 she states:
‘In summary, although I am of the view that the exemption clause, in which liability for negligently causing bodily injuries or death is excluded, will not pass constitutional muster, this is not the issue before me. In applying the principles … in Barkhuizen a further enquiry is necessary where a contractual clause limits a person’s right to a judicial remedy. This is whether in the circumstances of a particular case the enforcement of such a contractual term would result in an injustice. I have come to the conclusion that in the circumstances of this particular case, to enforce the exemption clause would be unfair and unjust. In the words of Ngcobo J: “A court will bear in mind the need to recognise freedom of contract, but the court will not let blind reliance on the principle of freedom of contract override the need to ensure that contracting parties must have access to courts.”’
I am of the view that when it comes to applying the validity or otherwise of the contents of a disclaimer notice, which precludes an injured victim from recovering damages for personal injury caused by the negligence of the owner of the property or establishment or his agent or servant it will be held to be contrary to public policy on the grounds that such exclusion from liability will be inimical to the norms and values of South Africa’s Constitution, as set out in the Bill of Rights, and on the grounds that such an exclusion of liability will be unfair and will lead to injustice.
Leslie Kobrin Dip Iur (Wits) Dip Bus Man (Damelin) is a consultant legal practitioner at Bove Attorneys Inc in Johannesburg.
This article was first published in De Rebus in 2023 (Jan/Feb) DR 8”.
Come for a free consultation.
Good day, my neighbour keeps parking their car in front of my garage and blocking me in. Will a court mandate be of use to me? They continue to park their car there despite multiple confrontations.
Hu Buhle, the following recent case report from the De Rebus legal magazine might be of value to you:
“In Body Corporate of the Six Sectional Title Scheme No SS 433/09 v City of Cape Town [2023] 3 All SA 136 (WCC), the applicant was the body corporate of a sectional title scheme, and the respondent (the City) was the registered owner of seven neighbouring undeveloped erven forming a large open field as well as a parking lot. Although the erven had been awarded to claimants in land restitution claims, in 22 years, transfer of the properties had still not taken place. According to the applicant, the site in its current state, and the activities being conducted thereon by various persons, including the homeless, constituted a societal health, environmental and safety risk. It sought a final interdict against the City directing it to take all steps reasonably necessary to clear the site of the illegal occupants. It was contended that the nuisance generated from the site would continue until the land was redistributed as planned, but that such redistribution could not occur while the nuisance continued. The applicant, therefore, sought to compel the City to take more permanent steps to deal with the issue.
The court agreed with the applicant that the City had contravened its municipal planning by-law as the activities on the site did not comply with the permitted zoning uses. The City further failed to comply with its community fire safety by-law, its street, public places and prevention of noise nuisances’ by-law, and its integrated waste management by-law. The activities complained of gave rise to a nuisance that the applicants could not reasonably be expected to tolerate. The applicant acknowledged that the most appropriate remedy would be a structural interdict. That would afford a reasonable opportunity for the City to take appropriate remedial steps in line with the order issued by the court”.
Come for a free consultation.
I mean “Hi Buhle”. Sorry for the typo.
My landlord is refusing to fix the water damage on my ceiling. He says that I am responsible for upkeep of the house during my tenancy but I was of the understanding that leaks, etc were the owners issue. Please advise
Hi James, your obligations would be as per your agreement of lease. If you have a written lease email it to charles@cwhattorneys.co.za and I will let you know my view. Fairly, I would say a landlord should be liable for fair wear and tear. In terms of section 14 of the Consumer Protection Act 68 of 2008 if you not a company is the tenant, you can give the landlord 20 business days’ notice of termination of the lease. You might benefit from sending a formal demand from an attorney. Come for a free consultation.
My dads deceased estate is in the process of being distributed. Within the process we have discovered there have been transactions on the estate that weren’t completed by us. We found out that the new owners of his property have been sending their property bills to his account. I went to the municipality but they told me to settle it out of court. What can I do about this?
Hi Taneal, you will have to obtain a Court interdict on an urgent basis to prevent the distribution from going any further. I quote from the De Rebus legal magazine which summarizes the position:
“Liquidation and distribution account
The executor shall after the last day of the period specified in the notice referred to in s 29(1) of the Act and within six months after letters of executorship having been granted or such period as the Master may allow, submit to the Master an account in the prescribed form, supported by vouchers of the liquidation and distribution of the estate (see s 35(1) of the Act). The executor shall also in the prescribed form submit an estate duty schedule.
Inspection of the accounts
The executor’s account shall, after the Master has examined and issued a memorandum dealing with any queries also has authority to advertise the account to lie open at the office of the Master’s Office, as well as the office of the Magistrate of such district where the deceased was residing for not less than 20 days for inspection by any person interested in the estate. The need to lie for inspection with a Magistrate only arises if the deceased did not reside in the city or town where the Master’s Office is situated.
The executor shall give notice of the account to lie for inspection by advertisement in the Government Gazette and in one or more newspapers circulating in the district in which the deceased was ordinarily resident at the time of their death (see s 35(5)).
On expiry of the period, the Magistrate (where the account lay for inspection at a Magistrate’s Office) shall endorse on each account that the account has been laid out for inspection without objection and transmit the account to the Master.
Objections to the accounts
Any person interested in the estate, may at any time before the expiry of the period allowed for inspection, lodge an objection in duplicate with any reasons for objection to any account. The Master shall deliver or transmit by registered post to the executor a copy of any objection with any documents in support thereof. The executor shall within 14 days after receipt of the copy of objection, transmit copies of their comments thereon to the Master.
The Master shall consider the objection and comments of the executor and if the Master finds the objection is well-founded or the account is incorrect they may direct the executor to amend the account or may give such direction as they may think fit.
Any person aggrieved by any such direction of the Master or by the refusal of the Master to sustain an objection so lodged, may apply to the High Court within 30 days for an order to set aside the Master’s decision. The High Court may make such an order as it may think fit.
Distribution of estate
When an account has been laid out for inspection and no objection has been lodged, the executor shall forthwith pay the creditors and distribute the estate among the heirs in accordance with the account. The executor must lodge with the Master the receipts and acquittances of such creditors and heirs. The executor must also lodge a certificate by the registration officer or conveyancer specifying registrations, which have been effected by the executor.
Once the letters of executorship have been issued, all the property of the deceased vests in the executor. In terms of the Act the executor is empowered to take full control of all assets forming part of the estate. The duties of the executor, include selling the property; realising its proceeds; settling debts and paying out the balance to the heirs. The executor stand in the proverbial shoes of the deceased and oversees the deceased’s property by virtue of the empowering provisions of the Act.
Mohammed Moolla BProc (UKZN) LLM (UWC) is a senior magistrate at the Wynberg Magistrate’s Court in Cape Town.
This article was first published in De Rebus in 2022 (March) DR 9”.
Come for a free consultation.
I was laid off at my job due to downsizing but did not receive compensation. I have tried to contact them about this but no answers. Is there anything I can do about this
Hi San, your remedy is to refer the complaint to the local CCMA. If you are subject to a Bargain Counsil, you can lodge the complaint in terms of section 73A of the Labour Relations Act 66 of 1995. Your employer was liable to call you to a consultation to consider alternatives and to pay your statutory benefits as well as severance. Did you claim UIF benefits? Come for a free consultation.
I did a paint job on a house a few months ago but the owner is withholding the second part of my payment as he says my work is ‘shoddy’ and not what he wanted. What can I do about it? Is there anyway I can book a consultation to see you in the New Year or can you advise me via your blog? Thanks
Hi Allan, the most practical approach is to request a snag list and then “fix” the snags. If you still do not receive payment, send a letter of demand and the summons for payment of the balance, interest and costs. It makes sense to ask for a deposit and then secure payment of the balance before moving off site. We can draft a Service Agreement for you. Come for a free consultation.
Good morning Sir,
I would like to book a consultation with you as I purchased a new vehicle with warranty but now the spark plugs have given in and the dealer refuses to fix the problem under the warranty. Do you have any advice for me?
Hi Lawrence, perhaps you should replace your sparkplugs. The normal course would be to sue the dealer/insurer in terms of the warranty. The quickest approach might be to lodge a complaint with the Motor Industry Ombudsman of South Africa or other consumer complaint platforms such as http://www.hellopeter.com. This can be done online. The negative publicity may convince them to fix your sparkplugs. Come for a free consultation.
Morning, I paid for a pool to be installed at my house, the contractors wanted a 50% deposit which I paid.
They brought some materials but have not been back and it is left in a mess. I have tried to contact them but they do not answer.
What are my rights and do I need to consult with you.
Thank you very much. Keith
Hi Keith, the conduct of the contractors support the suspicion that they intended to mislead you. I suggest you report the misdemeanor to the South African Police Services so they can face prosecution. If nothing else, this will flush them out. If your claim is less than R 20 000 it can be prosecuted in the Small Claims Court at very little cost. If more, you will have to follow the tried and trusted letter of demand and summons route. Your claim will be for cancellation of the contract, a full refund, interest and legal costs. Our experienced collections department can help you. Book a free consultation.
Hi Charles, thank you for your reply. I think I will go with the letter of demand that you suggested. Can I book a consultation with you?
Thank you.
See you on Tuesday at 10:30 am.
I recently purchased a laptop from a reputable company but it is already giving me problems and when I took the laptop back they refused to refund me and would not exchange it for another one. Do I have any legal rights?
Thank you in advance.
Hi Michael, your remedy lies in the Consumer Protection Act 68 of 2008. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered. You have right to return goods and seek redress for unsatisfactory services. Consumers have the right to return unsafe or defective goods and request a full refund for such goods. Consumers have the right to return goods that were not pre-examined prior to delivery. T Act gives rise to the creation of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act i and is responsible for the adjudication of any breach of the National Credit Act and the Consumer Protection Act.
Contact the following help lines for assistance:
The Dti Customer Contact Centre: 0861 843 384
The Dti Office of Consumer Protection (OCP) : (012) 394 1436 / 1558 /1076
E-mail: contactus@thedti.gov.za
The Dti Website: http://www.thedti.gov.za
National Consumer Tribunal (NCT): (012) 663 5615
NCT E-mail: Registry@thenct.org.za
NCT Website: http://www.thenct.org.za
If you want to go legaL you can book a free consultation with us.
Thank you very much for your advice. I will contact the Dti offices.
Good afternoon,
I apologise for contacting you during the Christmas period.
I would like to know when your offices will be closing for the year and if they are already closed when you will be open in the New Year as I need to consult with you about a matter involving my neighbours. They have a dog that is constantly barking and they seem to not care and most of the time they are not at home leaving the dog unattended. I have spoken to them about it but it seems to fall on deaf ears. Kindly let me know if you can help.
Thank you.
Hi Kimberly, your complaint reminds me of the Puppy Town dog day-care-center case Christopher v Verster and Others (9001/2020) [2021] ZAWCHC 114 (4 June 2021). The Court held that the noise from the puppies is a public nuisance which is prohibited by animal bylaws. The Court granted an interdict forcing the business to relocate. Perhaps first see if your local SPCA will help. The animal is obviously distressed.
Thank you very much for your assistance. I think I will contact my local SPCA and if I don’t come right I will contact you again for further assistance.
Is it possible for divorce proceedings to affect my business? I haven’t filed for divorce from my husband yet but I own a small business and I’m curious if he will be entitled to a portion of it if we separate. We are married in community of property
Hi Ailsa, if you are married in community of property you and your husband have joint ownership of all your assets. Technically he has joint ownership of your small business and its assets. Likewise you have joint ownership in his assets including investments and pension plans. In the normal course, the Court will order the equal “division” of the joint estate. If you cannot agree on how the division is to take place, the Court will grant an order that the Master will appoint a liquidator who will take control of your joint estate. The liquidator will sell the assets, pay the liabilities and levy a charge for doing so. If there are grounds you can ask for an order your husband forfeits his share in the community of property. Section 9(1) of the Divorce Act 70 of 1979 stipulates the Court has a discretion to order the forfeiture of patrimonial benefits if it is an undue benefit to the spouse. Book a free consultation and we can discuss it further.
A client of mine has refused to pay their bill on a repair job I did at their home back in September, what can I do about this legally?
Hi Themba, the normal route is to deliver a letter demanding payment and, if no satisfactory response, to issue summons. if the Defendant does not defend the summons your attorneys can obtain default judgment which will allow you tom issue a writ of execution against movable. The sheriff is then instructed to proceed to the location of the Defendant and to attach movable goods that will satisfy the judgment debt. If the Defendant does wish to defend the summons, they have to file a plea setting out the facts of the defense and the defense itself. You may then apply for summary judgment on the basis the Defendant has defended solely for the purpose of delay. You can claim in interest from the date of invoice, calculated at the rate prescribed by the prescribed Rate of Interest Act 55 of 1975. At present this rate is 11.25% per annum with effect from 1 May 2023. You should also get an order that the Defendant must pay your legal costs on the party and party tariff. Book a free consultation.
I am immigrating in February 2024 but my lease is not over until July 2024. My landlord refuses to break my lease early even though I have been trying to do so for months in preparation for the move. Is paying my lease while I am overseas my only option or can I find a way to end it early?
Hi Luan, your remedy lies in the Consumer Protection Act 68 of 2008. I would say the lease is deemed to be cancelled 20 business days after you gave written notice of your intention to cancel. You have to pay a reasonable cancellation penalty which is normally reckoned at 2 month’s rent. If you are entitled to the return of your rental deposit, the penalty can be set off against your deposit. Come for a free consultation.
Do you deal with matters besides the ones listed on your website?
Hi Masego, with 28 years practice experience I am able to point you in the right direction even if I cannot help you in that instance eg we do class actions which is not mentioned on the website.
I’m behind on payments for my car loan, but it’s the only transport available to me. Can I still drive it or will I be pulled over for it? Is that possible? I’m still making payments but as I said I’m behind a few months.
I would appreciate any feedback on this, thanks.
Hi Emma, we manage to negotiate the reinstatement of most the vehicle accounts we are briefed on. The sheriff will come to the physical address you gave the bank only once it has judgment for the repossession of the vehicle. You are unlikely to be pulled off the road. I am a qualified debt counselor and can advise you on the pros and cons of applying for debt review. Come for a free consultation. Come for your free consultation as soon as possible. Even sooner if summons has already been served on you.
Good afternoon Mr Havemann.
I would like to set up a meeting with you to discuss a problem I am having with my in-laws staying in my house. They have said that they have rented a property but to date are still in my house and they won’t discuss the prospect of leaving. Is there any legal way I can get them to move out?
Hi Mr. Naicker, fortunately there is a solution available to you. Your best bet is to make application for a domestic violence interdict on the basis that their continued presence amounts to emotional and psychological abuse. This type of application is in terms of the Domestic Violence Act 116 of 1998. The relief is available from the family section of your local Magistrates’ Court. You can do it yourself. Otherwise book a free consultation with us.
Hi Mr Havemann,
Thank you for your reply. I would like to consult with you as I am not sure about going about this on my own. Would you be able to assist or make the application on my behalf?
Thank you once again.
Hi Mr. Naicker, let me know if you are available for your free consultation on 27 December 2023. Or is it more urgent?
Hi,
I am in a battle with a merchant who refuses to answer my numerous messages requesting a refund.
Is there anyway I can book a consultation with you or if it can be done telephonically.
Hi Lucinda, yes sure. Your first consultation is free of charge. We can meet in person or virtually. We have conference cameras making it easy to meet via WhatsApp video, Zoom or Microsoft Teams.
Hi Charles, thank you for your reply. I would like to meet in person if possible. Please could you let me know when you have an appointment available.
Many thanks,
Lucinda
Hi Lucinda, can you make it tomorrow at 10:30am? Ot we can book a Zoom, WhatsApp or Microsoft Teams video call. First consultation is free of charge.
Good day,
Please could you let me know how I can get a Will drawn up.
Thank you
Wilma
Hi Wilma, we will draft the will for you free of charge. Book an appointment as soon as you are available.
Good afternoon Charles. Is it possible to hire a new attorney before my trial date as my current attorney has told me he cannot take my case anymore. Will I have to start the litigation process over again or can a new attorney pick up where the last one left off? Thank you
Hi Siphosihle, yes you can change attorneys at any time. If you want to know whether an attorney is in good standing or other information about attorneys, you can access the website of the Legal Practice Council at http://www.lpc.org.za Why don’t you arrange a free consultation with our firm?
I want to take out a mortgage but I am worried that my credit score is too high for a bank to accept my bond request. Can you please leave your details in reply to this comment so I can schedule a meeting.
Hi Bryon, a high credit score will assist you in getting finance. If you have unpaid accounts the default listings at the credit bureau results in you having a low credit score. We are online with the major credit bureaus. If you send through your full names, ID number and permission for us to access your credit information (in terms of the POPI Act) we will do a credit check and advise you how to improve your credit score. Contact Rashni on info@cwhattorneys.co.za
I require assistance on debt relief, please can I book a consultation with you.
Thanks
Hi Kennith, yes we can assist you with any type of debt problem. Please provide us with a contact number and Rashni or Londeka will schedule a free consultation for you.
Hello, I am attempting to send divorce documents to my ex-husband but he is refusing to sign them. He has moved out and I don’t have his new address to even deliver the documents to him. Can you help me with this?
Hi Analise, I am sorry you are getting divorced. We can obtain a Court order that the divorce summons be served by way of substituted service also known as edictal citation eg we obtained a Court order from the Pietermaritzburg High Court that a divorce summons be served on the husband in the United Kingdom by email! Why don’t you come for a free consultation?
Good day the bank keeps calling me about my loan can you assist
Hi Tom, the banks often employ call centers who hound you for payment. I suggest you block these calls because credit agreements require all arrangements to be in writing anyway. I suggest you approach the bank to pay the loan off in affordable instalments. if the bank is not amendable you can approach another bank for a loan to pay the first bank. You then pay the second loan off in instalments. Or if it is serious enough, you can apply for debt review which will reduce your monthly instalments by lengthening the terms of the loan. Come for a free consultation!
The sherif has come to my property multiple times to try and repossess my car but I have not received a summons or any other communication about it. It is a big commotion when the sherif comes, what can I do when he comes next time?
Hi Natalie, if it is the sheriff, the financing bank has probably obtained a Court order for the repossession of your vehicle. Ask the Sheriff for the case number and the Court and we will obtain a copy of the Court file. Even if you were in default, the bank has to comply with section 129 and 130 of the National Credit Act 34 of 2005 before enforcing the agreement. If you pay up the arrears before the agreement is cancelled, the instalment sale agreement will be reinstated. If the bank has not complied with said section 129 and 130, we can help you obtain a rescission of judgment and negotiate affordable terms for you.
I have racked up debt on my Woolworths account, I want to close the account now but I still need to pay the debt off. How can I go about this
Hi Kelvin, the easiest way to do do this is to make an affordable payment on a regular basis to bring the account up to date. It is very important to CUT UP YOUR WOOLWORTHS CARD. Good luck!
Good Day Mr Havemann.
I have a house in my name but it is part of a large trust that my parents are withholding from me. I want to rent the house out. What can I do about gaining ownership of the trust?
Hi Jacobus, the first issue to clear up is whether the property is owned by you or the trust. We can do a property search of the database of the Deeds Office for you. If the property is owned by you, you can do with the property what you want. If the property is owned by the trust, only the trustees can deal with the property. The trust deed will set out the voting rights of the trust. If you are trustee and/or a beneficiary, we can obtain a copy of the trust deed and advise you accordingly. We can search the Master’s records to check if you are the trustee of any trust. Come for a free consultation.
I would like to book a free consultation with you but I am not sure if I want to open a retainer yet. Can I book the consultation without going forward with further litigation if I wish to?
Hi Cindy, you can come for a free consultation on any new matter without any commitment to brief our firm or any other party. Book your free consultation today.
Hello, I want to know if it’s possible to issue a summons to someone outside of the country? Thanks
Hi Michael, it is possible to summons a person outside the country. The first instance is where a foreign Court has jurisdiction eg you claim for the repair of a motor vehicle damaged as a result of a collision in Tianjin, China. In this instance I recommend you brief local attorneys in Tianjin via a South African attorney. The second instance is where a South African Court has jurisdiction eg you signed a supplier contract with a company based in Sao Paulo, Brazil and they appointed an address in Durban as the address where they will accept service of legal notice. Come for a free consultation. Bring your file.
Morning. Sorry to worry you so early in the morning but I am in need of your help.
I have a property with a separate granny cottage which I am renting out.
The lease on the cottage is up but the tenants are refusing to leave. I am selling my house and I need to wrap things up.
I have the lease documents but they want to stay on.
Is there something that can be done?
Hi Tabitha, in South Africa the law requires judicial supervision of all instances where a landlord seeks to evict occupants from residential property. The reason is because illegal occupiers have a right to residential housing in terms of section 26 of the Constitution of the Republic of South Africa. Eviction proceedings requires notice to the occupiers in terms of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. You also have to join the local municipality as a respondent in case they have emergency housing available for the occupiers to move in to. It can be a long process because the social welfare of the occupants is a very important factor. The application can be brought on an urgent basis though the fact that you are selling the property will not weigh heavier than the possibility they and/or aged persons and/or children may become destitute. Come for a free consultation.
Good afternoon.
I am needing advice.
My neighbours are playing loud music at night and I phoned the police who won’t do anything about it.
Is there anything that can be done legally to stop it.
thank you
Hi Chris, sound waves above 85 dB are considered damaging to human hearing. For residential housing, the accepted noise level is less. Any noise exceeding 70 dB is considered disturbing. Municipal bylaws normally allow reasonable loud music in residential suburbs before 10 pm on a Friday and Saturday. If the police are not of assistance, you can obtain a restraining order from the local Magistrates Court. Your neighbours will be given a date on which they can state their case but if they disobey the order they will be guilty of contempt which is a criminal offence. Come for a free consultation.
Hi Sir/madam,
My name is Lerato. I want some advice from you.
I want to know if you can help me with my boyfriend. He is trying to take my child away.
We are not married and it is his child.
Do you think you can help me?
Thank you.
Hi Lerato, if he is acting in a violent manner, my suggestion is you go to the family section of your local Magistrates Court and apply for a domestic violence interdict to be granted on an urgent basis. This is if you are experiencing his conduct as abusive. Specific interdict proceedings can be brought in the High Court which is normally more expensive because you have to brief an advocate. Fortunately, I am an attorney who has right of appearance in the High Court. In the interim you must report any criminal conduct to your local police station. If you require police assistance urgently, call 10111, give your location and report the emergency. You will be given a call reference number which you must keep. Come for a free consultation.
I sold my house October of last year and have just received a letter from the municipality telling me I have to pay water and electricity that has been billed to my name from that property. The problem is that ownership was transferred to the new owners a year ago already and I haven’t been living on the property since. I was told that it is my fault for not closing my municipal account but I was of the understanding that it was the new owners responsibility to open their own account for the house. What can I do about this? The bills are accumulating interest that I’m expected to pay as well but these bills are all dated to after I had already sold the house and moved out
Good Afternoon.
I want to enquire about debt I’ve accumulated on my credit card. Can I schedule a consultation?
Hi Shaun, it should be easy enough to negotiate a settlement in terms of which you stop using the credit card and pay it off by way of weekly/monthly instalments. Once it is paid off, any adverse listing on your credit bureau reports must be removed. We can assist you. Come for a free consultation.
What can I do about my neighbours tree hanging over into my property?? They won’t cut the branches and won’t let me cut them down myself and the leaves are making a lot of mess
I signed a contract with my friend to buy a motorcycle and the seller says he does not want to sell to me anymore since I am paying half and my friend is paying the other half. He says that the offer was for me only and that the contract we signed is not valid anymore because my friend signed it aswell. I don’t understand why he is saying this as we signed the contract so surely it would mean he has to sell it to me?
Good morning sir. I have defaulted on my car payments after losing my job in February. I have two Landrovers that I am currently paying off and the bank wants to take me to court but I did a Google search and found out about sequestration. I am unable to pay the car payments right now as well as other bills. Is sequestration of my estate the only solution and are you able to assist me with this? Thank you.
Good day,
I need a protection order against my husband due to abuse.
Would you be able to assist me with this?
Hello Sir
I am needing help with the bank. They are wanting to take my house because I have fallen behind on my payments.
What can you do to help me?
Good afternoon,
I am having domestic problems. I want to get a protection order against my boyfriend. Would you be able to help me with this?
Hi Janet, you can obtain a type of protection order against your boyfriend but in a domestic context it is referred to as a domestic violence protection order. You will require witness testimony (including your own) and/or documentary evidence of the violence including emotional, psychological and/or economic/financial violence / abuse. If there are grounds for urgency, an interim order can be obtained on the day you first go to Court. Come for a free consultation.
I need help with drafting a will and trust agreements. Please tell me how do i go about doing that or can I call your office shortly?
I need to make injuries claim. I was badly injured in my work place, I have been trying to speak to my employer about it. It has been some time and seems to be no way forward. I need legal advice. Can you please help?
Hi Grace, we can assist you. Sorry you were hurt. The employee must tell the employer of the accident, injury or disease verbally or in writing. The employer must report the accident or disease to the Compensation Commission within 7 days for an injury and within 14 days after gaining knowledge of an alleged occupational injury. The Compensation Commission will compensate you for the injury. If the employer does not report refer the complaint to the local CCMA or Bargaining Council. Come for a free consultation. Or we can do a camera/video call.
Thanks. Charles. I will contact your office after the long weekend.
I received a summons for repossession of my Tiguan. I did miss some payments during Covid. I can pay the arrears on my account and maintain the monthly instalments. The attorney representing the bank wants to whole capital and a high figure for legal costs. I did not receive any notice from them before the sheriff brought the summons. Can you assist?
Hi Stacey, we have the answer to your problem. The instalments sale agreement for your Tiguan is subject to the National Credit Act. Section 129 of the NCA provides for the reinstatement of a credit agreement if the consumer (that’s you) pays the arrears and the default administration charges. The latter are the bank’s expenses in responding to your default but not the legal costs. You can come in for a free consultation and you can then decide whether you want us to assist you with resolving that issue. You can also decide if you want to lodge a complaint with the National Credit Regulator at http://www.ncr.org.za
I need legal assistance. I have 4 siblings. We all contributed towards the purchase price of a house. All along I thought my name appears in the document of legal title but it is not there. Can you help me either claim back the money that I contributed or my name be included in the title deed. If it’s possible I can call/send an email.
Hi Lungile, in South Africa we cannot acquire immovable property in South Africa without a written agreement. Do you have anything in writing with your siblings? One way or the other, we should be able to find a solution to your problem.
Hi again, I’m sorry I forgot to mention that the bank is phoning me every few weeks.
Thank you kindly.
Hi again Marie, yes the banks often use call centers to try and do telephone collection. These calls will become much easier once you can refer the caller to the payments you have started making. Are the incessant calls getting on your nerves? We have the solution for you! Once we represent you we take over all the calls and correspondence from you! Refer the next call center call to us!
Good day, I am in debt with my credit card. Will you be able to assist me in some way?
Thank you.
Hi Marie, if your problem is a credit card that has gone bad we have the solution for you. We normally obtain a copy of the credit card agreement and check that you are charged the correct interest rate and all the charges are legitimate. You then stop using the card and we negotiate small enough monthly payments. The magic of the process is that because you pay a lesser amount of interest per month you pay the credit card debt off quicker and quicker. Once ethe credit card debt is paid off you use that instalment to pay off the next debt. You can apply for debt review if you want but that tends to be a costly process which is not always effective.
I need a divorce lawyer urgently. I am married in community of property.
Hi Valencia, we can assist with your divorce. Do you expect a settlement agreement to be reached. Would you like to come for a free consultation?
Yes please. I have the contact details for your office. I will call for more information. Thank you.
I need legal assistance. We had a signed agreement with my business partner that we will both pay
R6 000 every month to rent our place of business. She was unable to pay since February 2023. I have been paying full amount by myself because she promised to pay it all back first week of July. I want to sue her and claim. Can you help?
Hi Zinhle, yes, we can enforce the terms of your verbal agreement that she refunds the rent you paid on her behalf. I suggest we send a letter requesting payment and then I will try to negotiate an amicable settlement. If this yields no results, we will proceed with a Court summons. I would attempt to negotiate an out of Court settlement with opposing attorneys as soon as is practical.
Thank you. I will contact the office tomorrow morning for more information.