Law Blog – Meyer and Partners Attorneys
Please see the various blog posts below dealing with issues ranging from contract law to family to issues on labour an employment and feel free to contact us with any queries related to any of our blog posts. If you would like to suggest any topics for up coming articles on the MPA law blog please send your suggestions to Junior@meyerattorneys.co.za. MPA posts bi-weekly updates dealing with a wide range of legal issues.
MPA Law Blog
Passing Away Without a Will
Passing away without a will in South Africa can lead to complex legal procedures and unintended consequences for surviving relatives. This comprehensive guide explains the implications of dying intestate and how the Intestate Succession Act 81 of 1987 governs the distribution of the deceased’s estate. It details the roles of the Master of the High Court and the appointed executor in administering the estate. The guide outlines how assets are allocated among surviving spouses, descendants, parents, and other relatives, highlighting special considerations for customary marriages, adopted children, and children born out of wedlock. It emphasizes the importance of drafting a valid will to ensure one’s wishes are honored and to prevent potential disputes among heirs. The article also includes relevant legal references, case law, a detailed FAQ section, and useful external links for further information.
Starting a Non-Profit Organisation
Starting a Non-Profit Organisation in South Africa is a noble endeavor that significantly contributes to social development and community upliftment. This comprehensive guide provides detailed steps for establishing an NPO, including defining clear objectives, choosing the appropriate legal structure (Voluntary Association, Non-Profit Trust, or Non-Profit Company), and drafting founding documents like a constitution, trust deed, or Memorandum of Incorporation. It outlines the registration processes with the Department of Social Development and the Companies and Intellectual Property Commission, emphasizing the importance of complying with the Nonprofit Organisations Act, 1997, and the Companies Act, 2008. The guide also details the procedures for obtaining tax-exempt status from the South African Revenue Service by applying for Public Benefit Organisation status under the Income Tax Act, 1962. Implementing good governance practices as recommended by the King IV Report, understanding regulatory compliance, and maintaining transparency and accountability are highlighted as crucial for the sustainability and legal compliance of the NPO. Relevant legal authorities and case law are referenced throughout to ensure that the organisation operates within the legal framework, promoting effective governance and social impact.
How to Change Your Name
Changing your name in South Africa is a significant personal decision that involves a legal process governed by the Births and Deaths Registration Act No. 51 of 1992. This comprehensive guide walks you through how to change your name in SA, detailing every step from understanding the legal framework to submitting your application and updating all your personal records. Whether you’re changing your name due to marriage, divorce, cultural reasons, or personal preference, the article provides in-depth information on the required forms, supporting documents, fees, and important legal considerations to ensure a smooth and legally compliant transition to your new identity.
How Debt Collection Works
Comprehensive Guide to How Debt Collection Works in South Africa Lets get down to the nitty gritty of how debt collection works in SA. Debt collection is more than just a mechanism for recovering owed funds; it is a fundamental component of a healthy financial...
Legal restrictions in wills.
When creating a will, it’s essential to understand the legal restrictions that can affect its validity and the distribution of your assets. These restrictions are designed to ensure fairness, uphold public policy, and protect the rights of certain individuals, such as spouses and dependents. Below are key legal limitations to consider when drafting a will.
What Debt Collectors Cannot Do
Debt collection is a necessary process in the financial system, but it must be conducted lawfully to protect debtors from unethical practices. In South Africa, the Debt Collectors Act 114 of 1998 and the National Credit Act 34 of 2005 provide robust legal frameworks that regulate debt collection activities and safeguard debtor rights.
Protection of IT Related IP in South Africa
A Comprehensive Guide to Protection of IT Related IP in South Africa In today's digital age, Protection of IT related IP (Intellectual Property) has become paramount for businesses and individuals alike. South Africa, being a hub for technological innovation in...
Municipal Account Dispute
If you ever receive a municipal account with an incorrect amount, it’s crucial to understand the process to dispute it. This guide explains the steps involved in raising a municipal account dispute, what legal protections exist, and how to ensure your rights are respected.
Mitigation of Damages in SA
In South African law, the concept of mitigation of damages is a critical aspect in civil litigation. This principle ensures that claimants take reasonable steps to limit their losses, preventing defendants from being liable for avoidable damages. Let’s dive into the key legal authorities shaping the rule of mitigation in South Africa.
Estoppel in South Africa
Estoppel in South Africa is a pivotal doctrine used in civil law to preclude a party from asserting a claim or fact contrary to what was previously established. This principle has widespread application in property law, contracts, and more. This article delves into the essentials of Estoppel, its types, and its legal basis in South African jurisprudence.
Plea Bargains in South Africa.
An In-depth Exploration of Plea Bargains in South Africa. In order to properly navigate the criminal law it is necessary to have an understanding of Plea Bargains in South Africa. Plea bargaining is a critical aspect of the criminal justice system in South Africa,...
Enforcing a CCMA Award
Enforcing a CCMA award is essential when a party fails to comply voluntarily. This guide explores the legal processes involved, including certification, writs of execution, garnishee orders, and contempt proceedings. It also addresses frequently asked questions and provides insights into how the Labour Court supports the enforcement of awards. Whether you’re seeking to enforce a monetary award or reinstate an employee, understanding these enforcement mechanisms is crucial to securing compliance under South African labor law.
Postnuptial Execution of Antenuptial Contracts
This article explores the complexities surrounding the postnuptial execution of antenuptial contracts, legal precedents, and how to navigate the registration process after the three-month period or post-marriage.
Enforcing a Restraint of Trade
This article explores the legal framework for enforcing a restraint of trade in South Africa, balancing contractual obligations and public policy considerations. Key case law, practical tips, and answers to frequently asked questions are included to help navigate the complexities of restraint of trade agreements.
Foreign Nationals and Work Permits
Legal Requirements and Compliance in SA with Foreign Nationals and Work Permits The employment of foreign nationals in South Africa has become a significant issue due to the country’s comprehensive regulatory framework that seeks to balance the employment of foreign...
How to Cancel a Contract
A Comprehensive Legal Guide on how to cancel a contract. Contracts are binding agreements that define the rights and obligations of parties in various transactions. However, there are situations where a party may wish to cancel or terminate a contract. Understanding...
Fairness of Dismissal in Absence
Legal Consequences of Non-Attendance at Disciplinary Hearings In South African labour law, the right to a fair dismissal is a cornerstone of employee protection. The Labour Relations Act 66 of 1995 (LRA) explicitly requires that both substantive and procedural...
Ponzi Schemes and Applications to Set Aside Dispositions
You were involved in a Ponzi Scheme and did not know it. Can the transaction be set aside? Ponzi schemes represent one of the most destructive forms of financial fraud, operating as a deceptive investment strategy that lures new investors with the promise of high...
Right to Quality Goods and a Refund
A Legal Perspective Under the Consumer Protection Act concerning your right to quality goods and refund. In a world where consumer choices abound and the market is ever-expanding, the expectation that goods will be of high quality and fit for their intended purpose is...
Lapse of Sale and Eviction
Can You Be Evicted After Moving In If a Home Sale Falls Through? Legal Insights Introduction Buying a home is an exciting but complex process. Sometimes, a buyer might move into a property before the sale is finalized. What happens, though, if the sale falls...
Business Rescue vs. Liquidation.
This article explores business rescue and liquidation to help you understand which might be most suitable for your situation.
Hospitality Law in SA.
This article provides an overview of key legal considerations for restaurant and hotel owners in South Africa.
Guide for First-Time Property Buyers.
This article provides a step-by-step guide to help first-time home buyers understand what to expect during the conveyancing process.
Considerations When Starting a Business.
We’ve helped numerous entrepreneurs navigate the legal landscape of starting a business in South Africa. This article explores five key legal considerations you should keep in mind.
Electronic Contracts and Signatures.
This article provides a comprehensive overview of electronic contracts and digital signatures under South African law.
Adoption laws in SA.
This article aims to provide prospective adoptive parents with an understanding of the adoption laws in South Africa, ensuring a smooth and legally compliant process.
Eviction and Tenant Rights.
This article provides a comprehensive overview of eviction procedures and tenant rights, ensuring that both landlords and tenants understand their legal obligations and rights.
Employee Rights During Retrenchment.
This article outlines key legal protections and considerations for employees facing retrenchment in South Africa.
Lodging complaints under the CPA.
This article outlines the steps involved in lodging a formal complaint against a business or service provider.
Maintenance without an attorney.
This article outlines a step-by-step process for individuals who need to pursue maintenance claims without the assistance of an attorney.
What to do if you are arrested in SA.
This article will guide you through what to do if you are arrested under South African law, emphasizing your legal rights and the steps you should follow.
Understanding Medical Malpractice in SA.
This article provides an overview of medical malpractice law in South Africa, including the legal principles, procedures, and key considerations.
Understanding consumer rights in SA.
This article provides an overview of consumer rights under South African law, emphasizing key principles, legal protections, and avenues for recourse.
The right of a landlord to evict in SA.
This article explores the right of a landlord to evict under South African law, highlighting key aspects of the process.
The legal implications of divorce in SA.
This article delves into the legal implications of divorce under South African law, including the grounds for divorce, division of assets, child custody, and spousal support.
Tenant Rights Without a Lease.
This article explores the rights and responsibilities of tenants without a formal lease agreement, emphasizing the legal safeguards that apply.
South African Salary Laws.
This article provides an overview of South African salary laws, highlighting key principles, regulations, and considerations for employers and employees.
Social Media and the Law in SA.
This article explores the evolving legal landscape surrounding social media in South Africa, highlighting key regulations, challenges, and implications for both individuals and businesses.
Recording Conversations in SA.
This article explores the lawfulness of recording conversations under South African law, highlighting the key principles, regulations, and considerations that individuals should be aware of.
Protecting the Rights of Employees.
This article explores the fundamental rights of employees under South African law, focusing on key aspects, including fair labour practices, collective bargaining, and the protection of vulnerable workers.
Navigating Personal Injury Claims.
This article explores the key aspects of personal injury claims in South Africa, including the legal framework, the claims process, and the role of attorneys.
Immigration Law in SA.
This article provides a comprehensive guide to immigration law in South Africa, including various visa categories, the application process, and key considerations.
Protecting Your Legacy.
This article offers an overview of estate planning law in South Africa, outlining key elements, legal instruments, and considerations for those looking to safeguard their legacy.
Empowering the Masses.
This article explores the concept of class action lawsuits in South Africa, how they work, and their significance in upholding justice.
Drunk Driving under South African Law.
This article provides an overview of drunk driving under South African law, including the legal limits, consequences, and the role of law enforcement.
Determining jurisdiction in South Africa.
This article aims to shed light on the principles and mechanisms that guide the allocation of jurisdiction in South Africa.
Defending your rights when sued.
This article outlines essential steps and strategies to help you navigate the legal process and protect your rights when sued in South Africa.
Claiming for Diseases in Law
This article explores the process and legal framework for claiming compensation for diseases, particularly occupational diseases, in South Africa.
Building a Strong Criminal Defence.
In South African criminal law, a robust legal defense is essential to protect your rights and ensure a fair trial. This article outlines the key steps to set up a strong legal defense in the South African legal system.
Bankruptcy Law in South Africa
Bankruptcy law in South Africa is a vital legal framework designed to provide individuals and businesses with a fresh financial start when they are unable to meet their financial obligations.
Waivers in South African Law.
This article delves into the concept of waivers in South African law, their legal implications, and the extent to which they are enforceable.
Novation in South African Contract Law.
This article explores the significance of the act of novation and its effect on contracts in South African Law.
The binding nature of roman law.
Although the Roman Empire has long since crumbled, the legacy of Roman legal principles continues to play a significant role in the development and application of South African law.
Vehicle registration in South Africa.
Understanding the legal provisions governing the vehicle registration process is crucial for both individuals and businesses seeking to operate vehicles in the country. In this article, we’ll delve into the key legal provisions that govern the vehicle registration process in South Africa.
Contract amendment in South Africa.
In South African law, the process of amending contracts is subject to certain legal principles and requirements. This article explores the key aspects of amending contracts in South Africa.
Understanding fictional fulfilment.
The legal landscape of South Africa is shaped by various principles and doctrines that guide the interpretation and application of laws. One such concept, albeit not as widely known or applied as other legal doctrines, is “fictional fulfilment.”
Suspensive conditions in SA.
Suspensive conditions are a valuable tool allowing parties to adapt to a range of circumstances whilst protecting their interests.
Specific performance as a remedy.
In the realm of contract law in South Africa, parties are bound by their promises and undertakings, and the failure to fulfil these obligations can lead to legal disputes and a search for appropriate remedies.
Post-nuptial contracts and finances.
While ante-nuptial contracts are well-known for defining the financial terms of a marriage before it begins, post-nuptial contracts are lesser-known but equally important legal documents that can help couples navigate their financial journey during their marriage.
Entertainment and employment rights.
As the industry continues to evolve and expand, ongoing efforts to protect employment rights are crucial for fostering a fair and sustainable environment for all those working in South Africa’s diverse and vibrant entertainment industry.
Your childs right to maintenance.
In South Africa, both parents are legally obligated to provide financial support for their children through child maintenance. This responsibility is shared equally between the parents, and each has the right to claim on behalf of their children if the other parent falls behind in their obligations.
Bail the what, when and how.
In South Africa, there is a choice a person holds as to whether or not you wish to remain imprisoned or if you wish to be released on bail. There are occasions when the state will oppose the granting of Bail where the party is a flight risk and/or where the crime committed is of such a nature that the release on bail would be harmful to the community.
Divorce, contested or uncontested?
Divorce is not as simple as just calling it quits on your marriage. Often, many considerations have to take place when considering divorce, and often people are left uncertain as to what route could be best for both parties to ensure that there is an amicable and fair separation.
Requirements for employment contracts.
Whilst South Africans are by and large well informed on their Labour rights and the right to refer matters to the Commission for Conciliation Mediation and Arbitration. There appears to be a lack of understanding regarding the need for employment contracts.
Freedom of expression online.
In the digital age, the internet and social media platforms have become powerful tools for individuals to express their opinions and share information. However, the ease of disseminating content online raises important legal considerations, particularly concerning the boundaries of freedom of expression.
Ante-nuptial contracts and accrual.
Marriage is one of the biggest choices you will make in your life. However, not everyone who enters into a marriage is aware that it comes with a burden upon you and your partners’ estate.
Know your rights at a roadblock.
Encountering a police roadblock can be a nerve-racking experience for any driver, but it is crucial to understand your rights and responsibilities in such situations.
