Entries by Jessica Schwenn

NEW LAWS EXPECTED ON THE HORIZON

  WHICH NEW LAWS CAN WE EXPECT UNDER RAMAPHOSA’S RULING?   According to the Parliamentary Monitoring Group since January 2018, 41 Bills were in the “queue” in parliament, waiting to become enacted Legislation. Many may be finalized in this term of presidency. To name a few here are some of the proposed bills to be […]

ESTATE AGENTS BEWARE! PROPERTY PRACTITIONERS BILL IS COMING

    ESTATE AGENTS BEWARE! PROPERTY PRACTITIONERS BILL IS COMING. Estate Agents need to be aware that on 31 March 2017, the Human Settlement committee gazetted for comment the Property Practitioners Bill which is set to replace the Estate Agency Affairs Act. The Bill is getting some momentum and there seems to be no doubt […]

THE SMALL CLAIMS COURT

    THE SMALL CLAIMS COURT: Most people are unaware of the Small Claims Court and the services that the Court actually provides. There are definite advantages to lodging a claim through the Small Claims Court, as it is an informal and fairly quick process. WHAT IS THE MONETARY LIMIT IN THE SMALL CLAIMS COURT? […]

Dagga and the law.

    DECRIMINALISATION OF CANNABIS (DAGGA) – WHERE IT STARTED The Constitutional Court handed down judgment in September 2018 on the use and possession of cannabis. The decriminalisation of personal use and possession by the Constitutional Court came as a shock to the people of South Africa and many of them do not know how […]

Everything you need to know about fees

  THE AWKWARD COVERSATION OF MONEY BETWEEN AN ATTORNEY AND THEIR CLIENTS:   How does one agree to the fees that will be payable? When a client seeks legal advice, the first thing the attorneys should do is give the client their letter of engagement that sets out how the attorney bills. This creates a […]

NOT PAYING MAINTENANCE COULD LAND YOU IN JAIL

    NOT PAYING MAINTENANCE COULD LAND YOU IN JAIL   A Durban businessman was convicted and received a four and a half year prison sentence by the Krugersdorp Magistrates Court for failing to pay maintenance to his wife and children. Maintenance is the financial assistance of someone else and is usually made an order […]

Fight Sexual Harassment.

  ARE YOU OR SOMEONE YOU KNOW A VICTIM OF SEXUAL HARASSMENT?   What is sexual harassment? Sexual harassment can be defined as any conduct of a sexual nature that is unwanted and that makes another person feel uncomfortable. Sexual harassment can take many other forms such as: Verbal; Physical; Sexual favouritism; and Quid pro […]

Low income earners get their debt written off

  DEBT RELIEF BILL: LOW-INCOME CONSUMERS TO HAVE THEIR DEBTS WRITTEN-OFF The portfolio committee on trade and industry proposed an amendment to the National Credit Act in order to provide debt relief to South Africans struggling with debts. The Draft National Amendment Bill was published in the Government Gazzette on 24 November 2017 and has […]

The fight against Domestic Violence

PROTECTION ORDERS AND THE FIGHT AGAISNT DOMESTIC VIOLENCE   Family Law constitutes a large part of our practice at Schwenn Incorporated. Many cases dealing with divorce and the maintenance of children unfortunately include or coincide with protection orders. Unfortunately Domestic Violence incidences have not decreased but we have seen a substantial increase.   What is […]

Companies losing turnover

COMPANIES : ARE YOU WILLING TO GIVE 10% OF YOUR TURNOVER AWAY?  The Companies and Intellectual Property Commission (CIPC) sent out a media release on the 31 May 2018 on cases in the High Court that they have won. These wins are related to Section 30 of the Companies Act which states that “every company […]