 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
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.