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
HOA Levy Prescription
Understand how HOA Levy Prescription works in South Africa: when the three-year clock starts, what interrupts it, CSOS vs court collection strategies, and owner defences—all backed by statutes and case law
Expropriation Compensation Basics
Learn how Expropriation Compensation Basics work in South Africa—constitutional rules, valuation methods, case law and tips for negotiating fair settlements.
POPIA Breach Notification
Learn how to comply with POPIA Breach Notification, meet 72-hour reporting, draft consumer letters, and integrate a data incident response plan SA for security compliance.
Crypto Estate Planning
Comprehensive South African guide to Crypto Estate Planning—learn how to include Bitcoin in a will, appoint a digital executor, secure keys, and satisfy SARS tax rules.
TES Joint Liability Rules
Explore TES Joint Liability Rules under South African labour law—understand section 198 & 198A LRA, 3-month thresholds, HR compliance checklists, and FAQs.
CCMA Condonation Guide
Learn how to use our CCMA Condonation Guide to rescue a late dismissal or ULP referral—deadlines, Melane test, Form LRA7.11 tips, FAQs & links.
valid mutual separation agreement
Learn the essential legal requirements for a valid mutual separation agreement under South African law, including drafting tips and common pitfalls.
Retirement Lump Sum Rebate
Understand when the retirement lump sum rebate is applicable, qualifying criteria, and documentation requirements in South African law.
Mutual separation agreement
This article explores the legalities and use of a mutual separation agreement in South Africa, covering enforceability, clauses, and employee rights.
Forced Early Retirement
Forced early retirement in South Africa can lead to unfair dismissal claims. Understand your legal rights, employer obligations, and CCMA recourse.
Taxation of Trusts
Learn how the taxation of trusts works in South Africa, including income tax, CGT, and anti-avoidance rules with legal references and strategies.
Forming a Trust
Learn everything about forming a trust in South Africa, including legal steps, deed requirements, tax implications, and trustee duties.
When Can You Withhold Completion
Learn when you can withhold completion under South African construction law, including legal grounds, case law, and contract enforcement.
Certificate of Completion Explained
Certificate of Completion Explained in South African construction law—who issues it, its legal effect, retention, disputes, and your rights.
Statement of Case Drafting
Comprehensive guide on statement of case drafting in employment disputes, aligned with South African Labour Court Rules and supported by legal authority.
Condonation Application Procedure
A detailed guide to the condonation application procedure under South African labour law, including good cause standards, CCMA rules, and affidavit drafting tips.
Activity-Linked Lease Restrictions
Understand Activity-Linked Lease Restrictions in South Africa—key clauses for hazardous activity, zoning compliance, and industry-specific tenant obligations.
Specialised Commercial Lease Terms
Understand how Specialised Commercial Lease Terms ensure compliance, safety, and operational readiness for regulated businesses in South Africa.
Challenging Pay-When-Paid Clauses
Explore how challenging pay-when-paid clauses in South African law can protect subcontractors from unfair payment terms with practical legal insights.
Pay-When-Paid Risks
An informative guide on Pay-When-Paid Risks, outlining the risks subcontractors face, legal implications in South African contracts, and tips to safeguard cash flow.
Signing Security Authority
Learn about signing security authority under South African law, including board resolutions, ostensible authority, and corporate risks when binding a company.
Liquid Documents
A deep dive into liquid documents under South African law, their legal definition, case law, and role in summary judgment applications and debt recovery.
Guarantee Pay Outs
This blog explores guarantee pay outs in South African law, covering demand vs conditional guarantees, triggers, and court interpretation of guarantee claims.
What Makes a Guarantee Valid
Explore what makes a guarantee valid under South African law, including legal requirements, enforceability, and case law across commercial and construction contexts.
Understanding Retention Amounts in Construction
Discover key insights into understanding retention amounts in construction contracts under South African law, including JBCC rules and contractor rights.
Non-Solicitation Clauses Explained
Non-Solicitation Clauses Explained in detail under South African law. Learn how to protect your business from client poaching and employee defection.
Non-Circumvention in Business Deals
Explore how Non-Circumvention in Business Deals protects intermediaries in South Africa, focusing on legal remedies, drafting, and enforceability.
Understanding Non-Disclosure Agreements
A comprehensive guide to understanding non-disclosure agreements in South Africa—covering enforceability, clauses, and legal consequences for breach.
Mora Debitoris Legal Remedies
Explore Mora Debitoris legal remedies under South African law, including creditor rights and preventive strategies for debtor delays.
Creditor Delays in Contract
Explore creditor delays in contract under South African law, understanding Mora Creditoris, legal consequences, remedies, and relevant case law.
Fight Rejected Claims
Discover how South African policyholders can Fight Rejected Claims—from decoding policy wording to High Court litigation—with authoritative legal references.
Protect Creative Works
Learn how to Protect Creative Works under South African law—registration, licensing, infringement remedies and royalty strategies explained with local case law.
Establishing Property Trust
Discover how Establishing Property Trust under South African law can optimise tax, shield assets from creditors, and streamline succession while meeting all compliance duties.
The Property Transfer Process
Navigate every stage of the South African Property Transfer Process—from sale agreement to registration—while mastering transfer duty deadlines, conveyancing fees and common pitfalls.
Road Accident Claims Help
Demystify the RAF submission process with Road Accident Claims Help—time bars, serious injury assessment, loss-of-income calculation, and how a contingency fee attorney maximises your payout under South African law.
Employee Dismissal Rights
Explore Employee Dismissal Rights in South Africa—learn about constitutional protection, procedural fairness, CCMA arbitration timeline, and remedies such as reinstatement vs compensation.
Invalid Share Agreement
An invalid share agreement in South African law can disrupt shareholder rights and company governance. Learn about legal consequences and remedies.
Binding Share Sale Agreement
Understand the legal framework of a binding share sale agreement in South Africa, including enforceability, suspensive conditions, and shareholder approvals.
Assignment of Obligations Law
Explore the Assignment of Obligations Law in South Africa, its limitations, enforceability, and practical applications with case references.
Cession of Contract Rights
Learn everything about the cession of contract rights in South African law, including legal authority, practical drafting, and third-party effects
Spousal Maintenance Applications
Comprehensive guide to Spousal Maintenance Applications under South African law, covering eligibility, calculation, enforcement, and variation procedures.
Pendente Lite Divorce Orders
An in-depth guide to Pendente Lite Divorce Orders in South Africa: types of interim relief, procedural steps, strategic tips, and FAQs.
Preventing Subcontractor Disputes
Discover drafting strategies and contractual safeguards for Preventing Subcontractor Disputes in South Africa, covering scope, guarantees, ADR procedures, and notice requirements.
Subcontracting Agreement Essentials
Discover Subcontracting Agreement Essentials in South Africa, from scope of work and payment schedules to liability allocation and termination rights—ensure compliant, dispute-free subcontracts.
Choosing the Right Legal Advisor
Master “Choosing the Right Legal Advisor” with our step-by-step framework—assess expertise, compare fee structures, gauge cultural fit, and select the best legal advisors for corporate clients.
Legal Advisory Services for SMEs
A practical guide showing SMEs how targeted legal advisory can help with contracts, compliance, employment law, and dispute avoidance without high costs.
Who is the State Attorney?
Discover “Who is the State Attorney?” in South Africa—an accessible guide to their appointment, functions, and importance in public law.
Proof of Informal Land Rights
Proof of Informal Land Rights in South Africa: Learn how to establish and protect informal land rights, legal requirements, and the role of property law attorneys.
Eviction of Illegal Squatters?
“Eviction of Illegal Squatters?” in South Africa explained: Learn about the legal process, rights of owners and squatters, and how Property Law Attorneys can assist.
Does Labour Tenants Act Apply?
Does Labour Tenants Act Apply? Discover how this key question shapes eviction proceedings in South Africa. Learn about your rights and get advice from expert attorneys.
Land Claims Court’s Function
Explore the Land Claims Court’s Function in South Africa, from its constitutional basis to remedies, procedures, and key precedents guiding restitution.
What are Small Claims Courts
Discover what are Small Claims Courts in South Africa, their purpose, procedures, and how to navigate them effectively with or without legal representation.
How does Sett-Off Work
Explore “How does Sett-Off Work” in South African law, covering common-law principles, contractual clauses, insolvency rules, and strategic tips for litigants.
What to Consider in Leases
Discover what to consider in leases in South Africa, from rights and responsibilities to security deposits and dispute resolution. Consult reliable attorneys today
What are Section 414 enquiries?
Understand what are Section 414 enquiries under the Old Companies Act, including their purpose, legal authority, and strategic importance in South African law.
Is a Director Liable?
Discover the critical factors determining when and how a director is liable under South African company law, supported by leading legal authorities.
Will Mandatory Court-Annexed Mediation Work
Explore the question: Will mandatory court-annexed mediation work in South African High Courts? Discover its legal foundations, benefits, and challenges.
How Does Case Management Work
Explore how case management works in the South African High Courts, its rules, and benefits. Learn from experienced litigation attorneys.
Sectional Title Complex Disputes
Navigate Sectional Title Complex Disputes in South Africa: expert guidance from affordable Attorneys, case law insights, and practical prevention tips.
Role of a Corporate Attorney
Discover the role of a corporate attorney in South Africa, why your business needs one, and how reliable and affordable attorneys protect your interests.
Legal Implications of Remote Work
Explore the Legal Implications of Remote Work in South Africa’s labour market: contracts, safety, data protection, tax and more for employers and employees.
How to read a Contract
Master the art of how to read a Contract in South Africa with our detailed guide on interpretation principles, case law insights, and practical tips.
Understanding Non-compete Agreements
Discover how to draft enforceable non-compete agreements and select the correct legal structure for your South African business, with guidance from leading Corporate Attorneys.
Legally Structuring a New Business
Learn how to legally structure a new business in South Africa—compare sole proprietorships, partnerships, companies, trusts, and NPCs with guidance from Corporate and Company Law Attorneys.
How Child Support Is Calculated
Discover the ins and outs of How Child Support Is Calculated in South African maintenance courts and divorce proceedings. Learn key legal principles, case law, and how Maintenance Attorneys and Family Law Attorneys can guide you through fair and sustainable child support orders.
Understanding Intellectual Property Law
Learn how “Understanding Intellectual Property Law” ensures robust protection of patents, copyrights, trademarks, and designs in South Africa, and discover how the right attorney can guide you through registration and enforcement.
Expunging a Criminal Record
Learn how to expunge a criminal record in South Africa under section 271B of the Criminal Procedure Act. This comprehensive guide covers eligibility criteria, step-by-step application procedures, the role of the right attorney, and answers to common FAQs—empowering you to clear your name and move forward with confidence.
What is Comparative Negligence
“What is Comparative Negligence” in South African law, from statutory foundations and key cases to practical strategies for maximising claims in a lawsuit, with guidance on selecting the right attorney for affordable and reliable representatio
What is attorney-client privilege
Learn what is attorney-client privilege in South African law, its components, exceptions, and how to choose the right attorney to protect your confidentiality.
What to Expect When Suing
What to Expect When Suing: Definition and Context in South African Law Before embarking on any civil proceedings, it is vital to understand exactly what to expect when Suing in South Africa. This key phrase encapsulates the journey a litigant undertakes from the...
Setting up Power of Attorneys
Learn how to set up Power of Attorneys in South Africa with this comprehensive guide. Covering common law principles, statutory formalities for property and corporate mandates, capacity requirements, drafting best practices, revocation procedures, and answers to over 50 FAQs, this article ensures you navigate powers of attorney confidently and compliantly
Common Legal Mistakes Startups Make
Discover the common legal mistakes startups make in South Africa and learn how to avoid pitfalls in business structure, contracts, compliance, IP protection, and fundraising.
Handling of breaches of Contract
Learn how to handle breaches of contract in South Africa, from material breach assessment and notice requirements to remedies like cancellation, specific performance, and damages.
Choice between Settlement or Trial
Explore the Choice between Settlement or Trial in South African law. Learn when to negotiate a settlement versus pursuing trial matters, balancing risks, costs, and strategic goals.
Choosing the Right Lawyer
Learn how to choose the right lawyer for your case with expert guidance on legal representation, best attorneys insights, and affordable lawyers tips.
Unfair terms in Insurance Contracts
Overview of Unfair terms in Insurance Contracts in South Africa In South Africa, the issue of unfair terms in insurance contracts has garnered significant attention from consumers, legal practitioners, and policymakers alike. Unfair terms in Insurance Contracts refer...
Disputes before the CSOS
Discover comprehensive guidance on disputes before the CSOS in South Africa, including legal frameworks, procedural steps, documentation tips, and FAQs on appearing before the Community Schemes Ombud Service Board.
Disputes before the PPRA
Discover an in-depth guide to Disputes before the PPRA in South Africa. Learn about the legal framework, preparation tips, defense strategies, and the right to legal representation in matters before the PPRA, backed by key legal authorities and expert insights.
Law and TV in SA
Discover the comprehensive legal framework behind South African TV production with our in-depth guide on “Law and TV in SA.” Learn about copyright protection, contractual requirements, broadcasting regulations, and practical tips to safeguard your creative assets in the vibrant South African media landscape.
Law and movies in SA
Explore our comprehensive guide on “Law and movies in SA” to understand the legal framework for film production in South Africa. Learn about copyright, contracts, and regulatory compliance essential for filmmakers.
Dealing with a custody battle
Dealing with a custody battle in South African Law: An In-Depth Guide In South Africa, navigating the challenges of a custody dispute can be an emotionally charged and legally complex process. The phrase "Dealing with a custody battle" refers to the multifaceted...
Updating an order of divorce
Explore an in-depth guide on updating an order or divorce in South Africa, including legal requirements, procedural steps, case law insights, and answers to common FAQs, ensuring your divorce order remains fair and up-to-date.
Financial Planning and your divorce
This comprehensive blog post explores Financial Planning and your divorce under South African law, detailing legal requirements, property division, alimony, retirement planning, investment management, and strategic financial planning to secure your future.
Mediation in divorces matters
Discover an in-depth guide on mediation in divorces matters under South African law. Learn what mediation is, how it works, the legal requirements for divorce in SA, and compare its benefits and drawbacks against traditional litigation. Explore expert guidance and FAQs to make informed decisions about family dispute resolution.
How divorce works in SA.
Learn how divorce works in SA with our comprehensive guide covering legal requirements, filing procedures, mediation, trial processes, and post-divorce considerations—all supported by key South African legal authorities and case law.
Navigating Development Project Legalities
Discover a comprehensive guide on Navigating Development Project Legalities in South Africa, featuring expert insights on compliance, environmental impact, risk management, and regulatory frameworks essential for successful development projects.
Land Development Legal Considerations
Explore the ins and outs of Land Development Legal Considerations in South Africa. Our comprehensive guide covers historical evolution, regulatory frameworks, environmental and zoning issues, local government roles, best practices, and future trends, all backed by authoritative legal citations.
Land Use Applications
Explore the ins and outs of Land Use Applications in South Africa with this comprehensive guide. Learn about the historical evolution, regulatory frameworks, environmental considerations, challenges, and best practices shaping modern land use planning in SA.
How to Consolidate a Property
Discover the comprehensive guide on How to Consolidate a Property in South Africa, exploring legal frameworks, procedural steps, key case law, and practical tips to streamline your property consolidation process under South African law.
How to Subdivide a Property
Discover the comprehensive guide on How to Subdivide a Property in South Africa, exploring the legal framework, municipal requirements, environmental considerations, case law precedents, and practical tips for a successful subdivision project. This in-depth article provides essential insights and FAQs to help you navigate the complexities of property subdivision in SA.
Obtaining Municipal consent or permission
Explore our comprehensive guide on obtaining municipal consent or permission in South Africa. Learn about the legal framework, essential requirements, common challenges, and future trends, backed by statutory references and case law to help you navigate the process efficiently.
Removal of Restrictive Title Conditions
Explore our comprehensive guide on the Removal of Restrictive Title Conditions in South Africa, detailing legal frameworks, historical contexts, procedural steps, judicial precedents, case studies, FAQs, and future trends to help you navigate property law complexities with confidence.
How Rezoning your Property works
Explore the ins and outs of rezoning your property in South Africa with expert insights on legal frameworks, application processes, challenges, and FAQs. Learn how rezoning works, navigate municipal requirements, and gain essential knowledge for a successful property transformation.
Shareholders Agreements
Discover the ins and outs of Shareholders Agreements in South Africa. This comprehensive guide defines Shareholders Agreements, explores their legal framework under the Companies Act 71 of 2008 and King IV principles, examines essential provisions and dispute resolution mechanisms, and addresses common FAQs—all supported by authoritative legal citations.
Memorandum of Incorporation
A comprehensive guide to the Memorandum of Incorporation under South African law, exploring its definition, historical evolution, legal framework, core components, and the practical implications for corporate governance and stakeholder rights.
Bail Application Process
Explore our comprehensive guide on the Bail Application Process in South Africa, detailing the legal framework, case law, practical insights, and frequently asked questions to help you navigate bail considerations within the South African criminal justice system.
Registering a Business in SA
Discover a comprehensive guide on registering a business in SA, including step-by-step instructions, legal considerations, and insights on compliance with South African law. Learn about the Companies Act, CIPC guidelines, intellectual property protection, and frequently asked questions to successfully establish your business in South Africa.
Cancelling during cool off period
Discover your rights regarding Cancelling during cool off period under South African law. This in-depth guide explains the statutory framework provided by the Consumer Protection Act 68 of 2008, offers practical tips for exercising your cancellation rights, and answers common FAQs to help you make informed decisions about your contracts.
Shares in Companies and Divorce
Explore the complexities of “Shares in Companies and Divorce” under South African law. This comprehensive 3000-word blog post delves into legal frameworks, valuation methodologies, case law, and practical advice on the division of company shares in divorce proceedings, supported by authoritative legal citations and expert insights.
Contracts required for your Production
Explore the essential Contracts required for your Production in South Africa. This in-depth guide covers production agreements, talent and location contracts, distribution deals, and risk management strategies, all supported by authoritative South African legal citations and expert insights to ensure your film or television project is legally sound.
Pensions and divorce matters
Discover how pensions are divided in South African divorce proceedings, including the key legal principles, tax implications, and enforcement steps. This comprehensive guide to pensions and divorce matters explains how retirement benefits are valued and shared, referencing the Divorce Act, Pension Funds Act, and leading court cases for clarity and legal authority.
Deceased estate property transactions
Navigating property transactions in a deceased estate can be complex. This concise overview explains the roles, legal requirements, and crucial steps to follow, ensuring a smoother transfer process for all involved.
Freehold property in South Africa
Discover the comprehensive legal framework underpinning freehold property in South Africa, from historical background to constitutional protections. Gain practical insights into the transfer process, owners’ rights, and regulatory obligations, ensuring a thorough understanding of this form of land tenure.
Increased Rent Without Notice
Discover how South African law handles increased rent without notice. Learn about your rights as a tenant, key legislative protections, and the legal remedies available when landlords attempt to raise rent unexpectedly.
Rights during probation
This comprehensive guide explains “Rights during probation” in South Africa, exploring the legal framework, employee protections, and employer obligations under the Labour Relations Act, Basic Conditions of Employment Act, and Code of Good Practice on Dismissal. Learn about fair procedures, case law, dispute resolution, and essential tips for managing the probation period effectively.
Unfair Labour Practices
Discover a comprehensive guide to Unfair Labour Practices in South Africa, exploring legal definitions, key case law, and practical advice for both employers and employees. Learn how the Labour Relations Act and constitutional principles protect fairness in promotions, demotions, benefits, and more.
Procedural fairness in disciplinary hearings
Discover a detailed assessment of what constitutes procedural fairness in disciplinary hearings in South Africa. Learn about the legal framework, case law precedents, and the essential steps to ensure a fair and compliant disciplinary process.
Retrenchment Process in South Africa
Discover a comprehensive guide to the Retrenchment Process in South Africa, delving into statutory requirements, consultation best practices, selection criteria, and severance pay obligations under the Labour Relations Act 66 of 1995 and other relevant legal authorities. This in-depth article empowers both employers and employees with essential knowledge for a fair and transparent retrenchment process.
How to apply for guardianship
How to Apply for Guardianship: A Comprehensive Overview under South African Law How to apply for guardianship is a critical question for many individuals seeking to secure the well-being of a child or an adult who requires special care. In the South African context,...
What is an intern
Discover what is an intern under South African Labour Law, including how internships are defined, key legal frameworks like the Labour Relations Act and the Basic Conditions of Employment Act, and the implications for both interns and employers. This comprehensive guide explores rights, obligations, case law examples, and FAQs to provide clarity on this essential aspect of workplace experience.
Work For Hire Agreements
Discover how Work For Hire Agreements shape the South African entertainment industry. Learn about legal frameworks, key elements, and best practices to protect your intellectual property rights.
Production Commissioning Agreements
Explore how production commissioning agreements shape the South African entertainment industry, defining relationships between producers and commissioners, and ensuring the legal and successful creation of content.
Registering a Patent
Discover a comprehensive guide on Registering a Patent in South Africa. Learn about eligibility, application procedures, legal requirements, and how to protect your invention effectively with expert insights and legal references.
Registering a Design
Discover the comprehensive guide to Registering a Design in South Africa. Learn about the legal procedures, requirements, and benefits of securing your design rights under the Designs Act 195 of 1993
Registering a trade mark
Discover the comprehensive procedures for registering a trade mark in South Africa. This detailed guide covers legal frameworks, application processes, benefits, challenges, and international considerations under the Trade Marks Act 194 of 1993.
Dealing with Noisy Neighbours
Learn about dealing with noisy neighbours in South Africa, including legal rights, remedies, and procedures under South African law. Understand how to address noise disturbances effectively with guidance on municipal by-laws, mediation, and court actions
Drinking in Public
Discover the comprehensive overview of South African laws on drinking in public. Learn about national legislation, municipal by-laws, penalties, and your rights regarding public alcohol consumption.
Employee or not
Discover a comprehensive guide on determining if someone is an employee or not under South African labour law. Learn about legal definitions, tests, and implications for employers and workers.
Domestic workers Labour Rights
Discover a comprehensive overview of Domestic workers Labour Rights under South African labour law. Learn about the legal protections, minimum wage requirements, and rights to fair working conditions for domestic workers, supported by specific legal authorities
How to claim UIF
Learn how to claim UIF in South Africa with our comprehensive guide. Understand eligibility, procedures, and get answers to common questions about the Unemployment Insurance Fund, supported by specific legal authorities.
Refugee Status
Explore a detailed overview of refugee status in South Africa under the Refugees Act. Understand the legal framework, application process, rights, and challenges faced by refugees, supported by specific legal authorities and practical insights.
Rights Under National Credit Act
Discover the comprehensive Rights under the National Credit Act in South Africa. This detailed guide explores consumer protections, obligations of credit providers, and how the Act promotes fair credit practices.
Sectional Title Ownership
Discover a comprehensive overview of Sectional Title Ownership in South Africa. Understand the legal framework, benefits, responsibilities, and key aspects of owning a sectional title property, including insights into the Sectional Titles Act and the role of the body corporate.
Protected disclosures
Discover a comprehensive overview of protected disclosures in South African employment practices. Learn about the legal frameworks, employee rights, employer responsibilities, and key cases shaping the protection of whistleblowers under the Protected Disclosures Act. Foster a culture of transparency and accountability in the workplace
Reporting a Death
Learn the essential steps and legal requirements for reporting a death in South Africa under the Administration of Estates Act. This comprehensive guide covers everything from obtaining the death certificate to the appointment of an executor and estate administration
Contempt of Court
Delve into a comprehensive analysis of Contempt of Court under South African law, exploring its definitions, applications, key legal cases, and the balance between judicial authority and constitutional rights
Difference Between Misconduct and Incapacity
Discover the critical difference between misconduct and incapacity in South African labour law. Learn how these distinctions impact fair dismissal procedures and employee rights
Failure to Reach a Quorum
Learn what steps to take when there’s a failure to reach a quorum at your company’s meeting under South Africa’s Companies Act 2008. This detailed guide covers legal requirements, practical tips, and answers to common questions to help you navigate quorum challenges effectively.
Removal of Directors
Discover a comprehensive guide on the removal of directors under the Companies Act 2008 in South Africa. Learn about the legal grounds, procedural requirements, and implications involved in removing a director, supported by specific legal authorities.
Spousal Maintenance
Discover a comprehensive guide on spousal maintenance in South Africa, covering legal frameworks, application processes, and common misconceptions. Get informed about your rights and obligations under South African law.
Insurance claim rejected what now?
“Insurance claim rejected—what now? Navigate the complexities of a rejected insurance claim in South Africa with this comprehensive guide. Understand your rights, the legal framework, and the steps to challenge your insurer’s decision.”
Legal Representation in Disciplinary Hearings
Discover the intricacies of legal representation in disciplinary hearings within South Africa. This comprehensive guide explores when employees may have external legal representatives, backed by key legal cases and statutes.
Copyright and your production
Discover how to protect your film, TV show, or multimedia production under South African law. Understand “Copyright and your production” to safeguard your creative rights effectively.
What is constructive dismissal
Discover what is constructive dismissal in South African law. Learn about its legal definition, key elements, how to prove it, and the remedies available for affected employees.
What to do when blacklisted
Discover what to do when blacklisted in South Africa. Learn about your rights under the National Credit Act, how to dispute incorrect listings, and steps to rehabilitate your credit record. Regain control of your financial future with expert guidance.
Unfair Labour Practices and Training
Explore the intricacies of Unfair Labour Practices and Training under South African law. Understand employee rights, employer obligations, and how to navigate disputes involving unfair training practices.
Option agreements
Explore the essentials of Option Agreements in South African entertainment law. Understand how they function, their legal implications for creators and producers, and their significance in protecting intellectual property rights within the entertainment industry. Get expert insights and answers to frequently asked questions.
Protecting your life rights
Protecting your life rights is crucial in South African entertainment law. This comprehensive guide explores how to safeguard your personal story and likeness from unauthorized use, detailing the legal frameworks, case studies, and proactive steps to ensure your life rights are protected.
Premises Liability
Learn about premises liability in South African law, the duties of property owners and occupiers, and how to establish a claim. Meyer and Partners Attorneys provide expert insights into your legal rights and obligations.
Road accident claims
Discover everything you need to know about road accident claims in South Africa. Learn how to navigate the Road Accident Fund, understand your rights, and get answers to common questions. Meyer and Partners Attorneys in Centurion are here to assist with expert legal advice.
Music Licensing
Discover a comprehensive guide to Music Licensing in South Africa, exploring legal frameworks, types of licenses, and practical steps to navigate the process effectively while ensuring compliance with copyright laws.
Maternity Leave
Discover everything you need to know about maternity leave in South Africa, including legal rights, employer obligations, and how to claim maternity benefits. Stay informed with this comprehensive guide based on South African law.
Cohabitation Agreement
Discover everything you need to know about Cohabitation Agreements in South Africa. Learn how these legal contracts protect the rights of unmarried couples, outlining property ownership, financial responsibilities, and more. Get expert insights from Meyer and Partners Attorneys in Centurion.
Parental Leave
Discover everything you need to know about Parental Leave in South Africa. This in-depth guide explores the legal frameworks, eligibility criteria, application processes, and the rights and obligations of both employees and employers under the latest labour laws. Stay informed on how Parental Leave promotes family welfare and gender equality in the workplace.
Workplace Harassment and Bullying
Discover how South African law addresses workplace harassment and bullying, including definitions, legal frameworks, employee rights, employer obligations, and effective steps to combat these pervasive issues in the workplace.
Gender Reassignment and the Law
Discover an in-depth analysis of gender reassignment and the law in South Africa, highlighting the legal frameworks that protect transgender individuals. This article examines the Alteration of Sex Description and Sex Status Act, constitutional rights, significant court cases, and international obligations that shape the legal landscape. Learn about the processes for legally changing gender markers, the challenges faced, and the support available to navigate this complex intersection of identity and law.
Online Defamation
Discover the intricacies of Online Defamation under South African law. This comprehensive guide explores definitions, legal frameworks, landmark cases, defenses, and remedies to protect your online reputation effectively.
Parental Rights and Responsibilities
Explore the comprehensive guide to Parental Rights and Responsibilities in South Africa. This detailed article delves into the legal framework provided by the Children’s Act of 2005, discusses pivotal court cases, and offers a comparative analysis with international standards. Understand the roles of courts, the impact of legislative changes, and gain expert insights into the challenges and practical applications of family law in South Africa.
How to get a Harassment Interdict
Harassment can severely affect an individual’s safety and peace of mind. Understanding how to get a harassment interdict in South Africa is essential for those experiencing unwanted and distressing behavior. This comprehensive guide delves into the legal framework provided by the Protection from Harassment Act 17 of 2011, outlining the steps to obtain a harassment interdict, the rights and responsibilities of both the complainant and the respondent, and the support systems available to victims. Backed by relevant case law and constitutional provisions, the guide offers practical advice and answers frequently asked questions to empower individuals seeking legal protection from harassment.
Getting a Domestic Violence Interdict
Domestic violence is a critical issue in South Africa, affecting people across various relationships and backgrounds. This comprehensive legal guide explores the process of obtaining a Domestic Violence Interdict under the Domestic Violence Act 116 of 1998. It provides detailed information on what constitutes domestic violence, the types of relationships covered, and the legal framework governing protection orders. The guide walks readers through each step of applying for an interdict, from filing the application to the enforcement of the order, and highlights the rights and responsibilities of both victims and respondents. Supported by relevant case law and constitutional provisions, it also addresses common challenges, available support systems, and answers frequently asked questions to empower individuals seeking protection from abuse.
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.