Civil Litigation and Alternative Dispute Resolution

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disciplinary hearings

Disciplinary hearings- the correct way to dismiss misbehaving Employees

Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all the years of misconduct which they were not disciplined for at all); dismiss them either without following any […]

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Competition Amendment Act

Does a Principal Obligation need to exist prior to the conclusion of a valid Suretyship

When a Credit Loan Agreement is entered into between a Creditor and Debtor, a Surety Agreement is often concluded. A Surety Agreement involves three parties being the Creditor, the Principal Debtor and the Surety. The Surety is an individual that undertakes to bind him or herself as Co-Principal Debtor and to fulfil the obligations of […]

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Rent interdict

The powers of a Sheriff to conduct an inventory in terms of a Rent Interdict when the Judgement Debtor is not present, and the premises are locked

A Landlord, who struggles to obtain rental payments from his Tenants, may demand, in writing to his Tenants, the amount of rental payment that is in arrears. Should the Landlord be unsuccessful and a period of 7 (seven) days or longer has lapsed, the Landlord may consider instituting legal proceedings in accordance with the Rental […]

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Prescribed Debt

Reviving Prescribed Debts

In terms of the Prescription Act 68 of 1969 most debts prescribe within three years. It seems obvious that once a matter has prescribed, that is where it ends. The problem starts where the Debtor has no idea the debt has prescribed and continues to make payment or signs an Acknowledgment of Debt and thus […]

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The execution process and the effect that judgment may have on a debtor’s moveable and/or immovable property

Once a judgment has been obtained against a Debtor through action proceedings, the Debtor is obliged to settle the judgment debt or make an arrangement with the Creditor to pay off the said debt. If a Debtor does not settle the judgment or approach the Creditor concerned to make arrangements, the Creditor may firstly execute […]

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