The PAJA is the law passed to “give effect” to the right to just administrative action in the Bill of Rights. This says everyone has the right: To fair, lawful and reasonable administrative action; and To reasons for administrative action that affects them negatively. What is administrative action? Any decision the administration takes that affects […]
Category: General Law
Bail in South Africa
In any court case when a person is arrested, the accused person remains to be presumed not guilty until the court finds such person guilty. In our law no one may be detained without trial. If an accused is arrested, he or she is normally kept in prison or the police cells till the trial […]
The Consumer Protection Act and your rights
The South African Consumer Protection Act, No. 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally […]
I bought something that doesn’t work
Sarah buys furniture from Mark who promised her that the furniture is of good quality. However, he doesn’t notify her about problems with the furniture. Later, Sarah discovers that some of the chairs she bought have faulty joints, meaning they can’t be used properly. This is what’s called a latent defect and Sarah will be […]
What to do after a car accident?
If a driver of a vehicle, at the time when the vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal, must report the accident to a police or traffic officer at the scene of […]
The Traffic Officer confiscates your cellphone: What you should know!
Since 2011 the City of Cape Town: C, 2011 has made it possible for an authorised officer to confiscate your cellular device if you are caught using it in your car while driving. If you end up getting caught red-handed, these are a few things you should know to make sure that all the correct […]
What is the sequestration process?
The sequestration process involves a court application. The applicant in the application is either yourself for your own sequestration (voluntary surrender) or the applicant is one of your creditors (either a friendly or aggressive creditor). The applications are similar and although there are some different requirements for each, the result is the same. Voluntary […]
Occupiers who can’t be evicted under the EST Act
The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (PIE Act) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or […]
Rescission of judgement
Imagine receiving the nasty surprise that default judgement has been entered against your name because of a summons that you have never even received. It is necessary that you know the procedure of how to rescind a default judgement to get you out of this unwanted situation. Many people are confronted with the unfortunate situation […]
The application of the talem qualem rule
In situations where a wrongdoer causes some form of damage to a victim, the victim might suffer more damage than one might usually expect. This might be caused by the specific circumstances in which the victim finds himself/herself, which leads to the victim suffering more damage than the average person. Would this be an acceptable […]