WHAT TO DO WHEN INJURED BY A DOMESTIC ANIMAL
Having a domesticated animal, such as a dog or horse, can be a great source of joy for its owner. However, such domesticated animals come with a lot of responsibility and potential liability. This is so because a person injured by a domestic animal can hold its owner liable for the damages suffered by such a person, […]
THE ROLE OF KNOWLEDGE IN PRESCRIPTION
The Constitutional Court in the matter of Mtokonya v Minister of Police [2017] ZACC 33 dealt with the issue of extinctive prescription, in particular regarding whether section 12(3) of the Act requires a creditor to have knowledge of a debtor’s wrongful and actionable conduct, which gave rise to the debt, before prescription may start running against the creditor. Although the Supreme Court of […]
IS VACCINATION STATUS DISCLOSURE MANDATORY?
While employers cannot force their employees to be vaccinated, there are various grounds for dismissing employees who object, provided that the employer has conducted a thorough risk assessment to determine the need for vaccination. They also need to provide every possible reasonable solution to accommodate them. One of the grounds on which an employer can let go of an employee who refuses the jab is the refusal of […]
WHO TAKES THE FALL FOR SPILLAGE INCIDENTS IN SHOPPING CENTRES?
This question of liability amid spillage cases has never been fully settled in our law until recently when the case of Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another [2021] 2 All SA 457 (WCC) created some doubts on the legal position of an owner or manager of a shopping mall in “spillage cases”. Spillage cases […]
CAN NEIGHBOURS INTERFERE IN BUILDING PLANS?
Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights. Neighbours who are disgruntled by the noise nuisance, possible obstruction of an existing view from their property, or the aesthetic features of the building works, […]
ESTRANGED WIFE LOSES THE BATTLE TO BURY HER HUSBAND
“Family feuds, in relation to who has the right to bury a deceased person, has the potential of permanently dividing the family. These are sensitive disputes that are best suited to be mediated and resolved by family elders rather than being brought to court where there is no winner and a united family structure ends […]
CAN I CLAIM INTERIM RELIEF PENDING MY DIVORCE SUIT?
Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties to the divorce suit. South African law, however, provides relief for a party who may be prejudiced by this imbalance. A spouse who plans on filing for a divorce or is currently in the […]
HOW DOES THE ADOPTION PROCESS ENSURE THE CHILD’S BEST INTERESTS?
‘The best interests of a child’ is a concept deeply entrenched in our legal system – especially since the new constitutional dispensation. Section 28(2) of the Constitution provides that “A child’s best interests are of paramount importance in every matter concerning the child”. The best interest of a child is similarly of paramount importance in the adoption procedure. Adoption is the process […]
WHO IS RESPONSIBLE FOR A CHILD’S WELLBEING?
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are […]
WORKING FROM HOME CAN WORK FOR YOU
As the old adage goes, change is as good as a holiday. But the way that the novel coronavirus has shaken up the world we live in, has, to the contrary, been extremely disruptive and stress-inducing. For many people, the disruption has come in the form of shifting from the traditional office space to working […]