Tag ArchivesLebohang Mgolodela

Can an acknowledgment of indebtedness made without prejudice be admitted as evidence in trial proceedings?

General legal practice prescribes that when an admission is made within a letter, with the result of both parties reaching a mutual agreement, such admission may be made without prejudice. The inferred understanding is that such an admission would not form part of any litigious evidence should the matter end up in court. A debtor […]

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res judicata

The impact of Res Judicata in litigation proceedings

The litigation procedure has often been found to be a strenuous one, more so when an individual attempts to clear his/her name or is being charged with the same crime or is a defendant in a matter with the same issue. Most individuals will then ask themselves whether it is possible to be charged/implicated in […]

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sale in execution

The effect of a sale in execution for a deregistered close corporation

Immovable property has become a sought after asset in the debt recovery process. An applicant (the person who the money is owed to) may apply to the court for a Warrant of Execution (also called a Writ for short) after a judgment has been granted against the debtor to pay the amount owed.  This warrant, […]

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The Impact of the FICA Amendment Bill

The Financial Intelligence Centre Amendment Bill, commonly known as the FICA Bill was signed into law during April 2017. The FICA Bill brings about amendments to the Financial Intelligence Centre Act 38 of 2001 (“FICA”), which aims at combatting money laundering and the financing of terrorism. This signing of the FICA Bill has been received […]

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When am I regarded as an employee?

The signing of an offer of employment generally signifies the beginning of a contractual relationship between an employer and employee in labour law. Legislation that stipulates the rights of both the employer and employee after the signing of the offer of acceptance or the commencement of work in a new position, has become murky for […]

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