Legal Discussions

LIFE INSURANCE PAID TO TRUSTEE OF INSOLVENT ESTATE AND NOT TO INTENDED BENEFICIARY

Posted on December 9, 2019 by Bregmans

Mr Wentzel took out a life insurance policy with Discovery Life Limited (Discovery) insuring the life of his wife, whom he was married to in community of property in 2007, in terms of which he appointed himself as the beneficiary of the policy. The same policy also insured his life and appointed his wife as…Continue ReadingFiled Under: Insolvency articles

THE REQUIREMENTS FOR A UNIVERSAL PARTNERSHIP

Posted on November 19, 2019 by Bregmans

Click here to view/download the case PDF In South African law, there is no such thing as a common-law marriage, no matter how long a couple may live together. Their cohabitation does not create any automatic legal rights and duties between them. This is a common misunderstanding. A widely-used definition describes “domestic partners” as “two…Continue ReadingFiled Under: living together articles

WHY SME’S NEED CONTRACTS.

Posted on November 12, 2019 by Bregmans

Just like a person avoids drafting a will (because it’s a concession to mortality), some business owners avoid concluding contracts (with employees, suppliers, freelancers, etc.) because they think this is negative and anticipates problems. Properly drafted contracts do not create problems — they solve them. Written agreements are essential for a good working relationships with…Continue ReadingFiled Under: Commercial law articles

NOISE – KNOW YOUR RIGHTS AS A NEIGHBOUR

Posted on October 14, 2019 by Bregmans

Shakespeare said in The Tempest (2:2), “Misery acquaints a man with strange bedfellows.” When we live side by side in high density complexes it’s inevitable that you will encounter neighbours that are unpleasant and make your life miserable by barking dogs, loud music, arguing and shouting, swearing, banging doors or drilling. South African law distinguishes…Continue ReadingFiled Under: Neighbour articles

CONCOURT TAKES COMPASSIONATE APPROACH TO PEOPLE WHO ENTER COUNTRY UNLAWFULLY

Posted on October 11, 2019 by Bregmans

17 January 2019   By Ohene Yaw Ampofo-Anti © 2019 GroundUp.  This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. Asylum delayed is not (necessarily) asylum denied The Constitutional Court has ruled that if you delay applying for asylum, you don’t lose your right to do so. Archive photo: Ashraf Hendricks If a foreign national…Continue ReadingFiled Under: immigration law articles

SOME RICA PROVISIONS FOUND TO BE UNCONSTITUTIONAL

Posted on October 8, 2019 by Bregmans

In the recent Pretoria High Court case of AMABHUNGANE CENTRE FOR INVESTIGATIVE JOURNALISM NPC Judge Sutherland had to consider two discrete questions:- The first is a challenge to the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) which statute permits the…Continue ReadingFiled Under: Litigation Articles

UNDERSTANDING AN EMPLOYEE’S RIGHT TO PRIVACY

Posted on October 1, 2019 by Bregmans

Whether you are an employer or you work for one, understanding an employee’s rights to privacy is important. This will help you to foster a working environment that is characterised by mutual respect, will improve moral, and will also allow you to avoid any unwanted legal complications between you and your employees. If you are…Continue ReadingFiled Under: your rights articles

FREQUENTLY ASKED QUESTIONS ON DEFAMATION

Posted on October 1, 2019 by Bregmans

Frequently Asked Questions on Defamation What is defamation? Defamation is the creation of false statements concerning either a business or individual that could possibly damage that person or business’s reputation. Once the false statement is made and reputation is harmed, there are legal consequences for the individual who made the statement. Defamation can both be…Continue ReadingFiled Under: Weeklytips

DECIDING ON THE BEST LAW FIRM TO REPRESENT YOU.

Posted on October 1, 2019 by Bregmans

Choosing a great law firm is not easy, that’s where we come in to make your decision a bit easier. We discuss what you should look for in a law firm, how to create a long-term relationship and the benefits of hiring a good law firm. What to look for in a law firm? You…Continue ReadingFiled Under: Uncategorized, Weeklytips

THINGS TO THINK ABOUT WHEN HIRING A DEBT COLLECTION AGENCY

Posted on October 1, 2019 by Bregmans

While seeing to it that your business is paid what it is owed, and as such gains improved management over its cash-flow, debt collection is sometimes a necessary part of conducting business. Unfortunately, your debtors won’t always meet their obligations to you, and in such case, using the services of lawyers and legal solutions to…Continue Reading