“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality tells you no occupancy certificate was ever issued for the property and that you must vacate. Now. Both buyers and sellers should take note of a recent High Court decision highlighting the importance to buyers of getting an occupation certificate from the seller before putting in any offer or insisting on a cl ..read more

Constructive dismissal is a concept in employment law that arises when an employee resigns due to the employer’s behaviour, which makes the working conditions intolerable. Unlike traditional dismissal, where the employer terminates the employment relationship, constructive dismissal occurs when the employee feels compelled to resign as a result of a fundamental breach of the employment contract by the employer. Legal Framework: Constructive dismissal is primarily governed by the Labour Relations Act, 66 of 1995 (LRA). The LRA provides protection for employees against unfair labour practices ..read more

Vicarious liability is a legal concept that holds an employer responsible for the actions of its employees during the course of their employment. In the context of labour law, Section 60 of the Employment Equity Act, No. 55 of 1998, plays a crucial role in establishing vicarious liability for acts of discrimination, harassment, or any unfair employment practice committed by employees. LEGAL FRAMEWORK The Employment Equity Act is designed to foster equal opportunities and fair treatment for all employees, irrespective of protected characteristics such as race, gender, or disability. Section 6 ..read more

“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before you sign you make a few changes to the offer. Maybe they are big changes, maybe they seem inconsequential. Either way, you are now effectively negotiating, not accepting the offer. You have in fact just rejected it. Unless the buyer now accepts your amendments in writing (by initialing or counter-signing against yo ..read more

 South Africans employ an estimated 900,000 domestic workers. They assist us with a range of tasks that keep our homes running smoothly – from cleaning and gardening to cooking and childcare, their contributions are invaluable. However, as an employer, it is vital that you recognise and fulfill your legal obligations in order to establish a fair and lawful working relationship. Compliance with these legal requirements has become increasingly important as law enforcement authorities become more and more vigilant in ensuring adherence, so without further ado let’s delve into the details o ..read more

What should one do to ensure that your affairs are in order when you die? The following simple steps, if followed, will give you peace of mind and will also assist your loved ones, when you are no longer there. 1.  Make a valid will and keep it updated.  If you are older than 16 you can make a valid will to state how your assets should be divided according to your wishes.  Your will should be updated after mayor events in your life such as marriage, birth, divorce and death of beneficiaries. To be valid your will must be drawn up and signed correctly. It is important to obtain ..read more

“The buyer needs a hundred eyes, the seller but one” (Old proverb) You buy a “pre-loved” vehicle which turns out to be a complete dud. You go back to the dealership which says “sorry, you bought it as is, not our problem”. What are your rights? Buying from a private seller When we discuss the CPA (Consumer Protection Act)’s consumer protections below, note that the CPA only applies to dealerships and to other sellers acting “in the ordinary course of business”. Private sales won’t fall under the CPA and any savvy private seller will sell subject to an “as is” or “voetstoots” clause, which wi ..read more

  “The path is smooth that leadeth on to danger” (William Shakespeare) Tripping over aisle blockages or slipping on floors made slick by spillages can happen in even the best-managed supermarkets, and injured shoppers regularly turn to our courts to claim damages from shopkeepers and building owners. It’s no surprise therefore that this sort of claim has its own (informal) name – the “slip ‘n trip” case. A recent High Court judgment provides some clarity on what you will need to prove should you be one of the unfortunate shoppers who are injured in this way. A shopper slips, and sues A ..read more

 “Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) It may well be that in the future, we will be able to make a perfectly valid will (“Last Will and Testament”) by way of a video recording or other electronic means, but that day has not yet arrived. For now, it is essential that your will be properly drawn, not only to clearly reflect your last wishes, but also to comply with all the formalities laid out in our Wills Act. In summary (ask your lawyer to explain the finer points, they are important), wills must be in writing and signed by you on all pa ..read more

“It is essential for an employment relationship to be built on trust” (Quotation from the court’s ruling) Once again, our courts have reaffirmed that firing an employee is justifiable when they resort to falsehoods regarding their health to secure sick leave. A recent case in the Labour Court serves as a prime example. Claiming severe illness but appearing on television at a protest march: •             An employee called in sick for a few days, and to support his claim of illness produced a medical certificate of sorts (albeit a ..read more