Jessica Schwenn

What is the Compensation Fund and who can benefit from compensation fund?

Schwenn-Inc-logo

The Compensation Fund provides compensation to employees who are injured or contract diseases through the course of their employment. This includes an assessment of the industry structure, the claims process, coverage and how employer contributions are determined.

Who is a pensioner for purposes of the Compensation Fund?

  1. An employee
  2. A spouse who has lost a partner
  3. Surviving children of the deceased on duty below 18 years and if still furthering studies should provide sufficient proof
  4. A wholly dependent family member such as a sister, brother, mother or father (only stop receiving the fund once they marry).

What happens if an employee contracts a disease on duty?

The employer has a duty to report the injury or the contraction within a period of 7 days from the date of knowledge of contraction.

The process then begins where the Compensation Fund registers the claim. The Compensation Fund team will gather and discuss the level of the injury and assess it. On a scale of 30% an employee qualifies for a lump sum as compensation paid out to the employee by the Compensation Fund. However, if the degrees of the injury are 31% and above the employee is deemed to be a pensioner and is entitled to receive pension till death.

Is there a deadline date put in place for submission of the application for compensation?

No, there is no deadline the Compensation Fund. The Compensation Fund deals it on a case by case basis until all particulars required for the registration process of the claim is completed. It must also be noted that the turnaround time also varies from case to case.

What happens in a case where the employer is negligent and not paying attention to the employees’ injury?

It often happens that employers are hesitant or neglect an employee who has sustained an injury on duty or contract a disease while in the scope of his/ her employment. The Compensation Fund permits an employee to approach them directly and lodge the claim in case where the employer refuses or neglects reporting and lodging a claim with the Compensation Fund. The Compensation Fund will then approach the employer about reporting and registration of the claim. Claims registered by employees personally are accepted.

In summary this means that if you are injured on duty or a family member dies while in the scope of employment you entitled to lodge a claim for compensation or loss of support and should the employer not stand up to reporting and registration of the injury on duty an employee is permitted to report personally and the Compensation Fund will then deal with the employer.

Written by Portia Dlamini

/by
Jessica Schwenn

OWNING A FIREARM

A couple of years ago it was much easier to apply for a firearm license than today. The buyer was able to purchase the firearm and submit the SAPS documentation for their application to possess a firearm. Upon the approval of the firearm license, you were then able to collect the purchased firearm from the dealer.

 

Nowadays, there are various criteria’s you have to meet before applying for your firearm license.

  • You must be 21 years of age;
  • You must be a South African citizen or permanent residence permit holder;
  • You must pass a thorough background check by the SAPS;
  • You must be declared mentally stable and fit;
  • You may not be addicted to any drugs or alcohol;
  • You may not be convicted criminal or have a criminal record.
  • You must know how to use a firearm (you must have successfully be found competent in a basic training course at an accredited training institution).

 

HOW TO APPLY

 

Firstly, you have to attend prescribed training at an accredited facility which will thereafter issue you with the relevant certificate upon the completion of a theoretical and practical examination to be found competent in either a handgun, shot gun or rifle.

 

Secondly, you apply for a competency certificate to state that you are competent to own a firearm.

  • You need to complete the relevant SAPS application form and submit it to the Designated Firearms Officer (DFO) at your nearest police station.
  • You will need to have a certified copy of your training certificate and ID document/card;
  • You will need x2 passport photos;
  • You would also be required to provide three motivational letters from family/friends about your character / the kind of person you are.
  • You would also need to provide a letter of motivation as to why you require the competency certificate.
  • You must pay the prescribed fees.
  • You will need to have your fingerprints taken at your Police Station where you are applying for the competency to determine whether you have a criminal record or not in order for the competency to be approved.

This process can take up to 90 working days for approval.

 

Thirdly, you apply for your firearm license.

  • You will need submit your application form for the respective firearm that was purchased from the firearm dealer at the police station nearest to your home.
  • You must provide 2 passport size color photographs not older than 3 months.
  • You’ll need to provide a certified copy of your ID.
  • You must present the original competency certificate and a certified copy for the firearm license.
  • You must provide a certified copy of your permanent residence permit in the case of a non-SA citizen.
  • You must provide a copy of a recent utility account reflecting your residential address (cannot be older than 3 months old).
  • You’ll be asked to give proper motivation indicating why you need a firearm for the respective section (S13, 15 and/or 16).
  • You must pay the prescribed fees.

 

This process takes approximately 90 working days.

 

 

Renewing your firearm license

 

All firearms licenses must be renewed every:

  • 5 years for business purposes (S13).
  • 5 years for self-defence (S13).
  • 10 years for hunting or sports-related shooting (S15 & 16).

 

If you own a firearm you need to renew your license and competency certificate at least 90 days before the expiry date of your license. If you don’t you’ll have to dispose of the firearm or hand it over to the SAPS. It’s important to keep in mind that it’s illegal to be in possession of a firearm without a valid license.

What are my responsibilities if I own or want to own a firearm?

 

  • Ensure that the firearm doesn’t land in the wrong hands and that it’s not used for crime.
  • Stay away from drugs and alcohol.
  • Comply with the Domestic Violence Act.
  • You can only buy a firearm from a registered dealer.
  • You need to report a lost, stolen firearm or damaged documents to the police within 24 hours.
  • You may only own 200 rounds of ammunition for each firearm.
  • You can only have ammunition that’s suitable for that firearm.
  • Never leave another person in possession of your firearm unless authorized to do so by SAPS.

 

 

Written by Petricia Martin.

/by
Jessica Schwenn

RIGHT TO INHERIT BY OPPOSITE SEX LIFE PARTNER ORDERED BY CAPE TOWN HIGH COURT

Ms Bwanya and Mr Ruch were involved in a long term romantic relationship, supporting each other financially and living together like a married couple. They intended to marry and were engaged but did not have the opportunity before Mr Ruch passed away.

 

Mr Ruch left a will and his only heir was his mother who was recently deceased. Ms Bwanya submitted a claim to the Executor and Master for a Universal Partnership in order to inherit from Mr Ruch’s estate. This was rejected by the Master and she was directed to approach the courts to prove her claim.

 

The Cape Town High Court declared that part of the Intestate Succession Act is unconstitutional as it excludes opposite sex persons in a permanent life partnership. Ms Bwanya has been granted the right to inherit from Mr Ruch’s estate as a permanent life partner.

 

This issue may still be tested by the Constitutional Court and the Intestate Succession Act will have to be amended to include permanent life partners. This is a very interesting development in our law!

/by
Jessica Schwenn

Dear clients and colleagues

What a difficult year it has been and for us at Schwenn Incorporated the past few months have been incredibly difficult after loosing our founder Charmaine.

Charmaine was a force to be reckoned with, a woman that could truly light up a room with her smile, she is irreplaceable and will forever be missed and it is because of her inspiring vision for Schwenn Inc that is the reason I had decided to keep the doors open and continue trading. I wanted to keep her legacy alive.

I write to you today to thank each and everyone of you for your overwhelming support throughout this time whether it be a phone call or message to check up on us, to passing a lead our way or a new client instruction – we are just beyond blessed and grateful.

The shoes of Charmaine’s are big shoes to fill out indeed and as I said before she is irreplaceable. However as director of Schwenn Inc I would like to assure you that the service provided is and always will be of a good quality as we try and go above and beyond for our clients.

If this year has taught me anything is that we need our people to get through tough times because the only way to get through them is together – by leaning on each other. To “our people” I really want to extend a big thank you because you are the reason we are still open today.

With gratitude from Jessica Schwenn and the Schwenn Inc team.

/by
Jessica Schwenn

CANCELLATION OF AN EXISTING BOND.

 Are you Confused and don’t know what to do or what the process entails of transferring the property from yourself to the purchaser? 

Please do not stress as we are here to hold your hand.

If the Seller has an existing bond on his/her property (which means he/she has taken a bond to purchase the existing property or further bond for renovations) and is deciding to sell his/her property, then the following has to be done:-

  • The seller will have to notify the bank that he/she has taken the bond with and tell them that the property is in the process of being sold.
  • If you cancel your bond early either within a year or two of purchasing your property, the bank is allowed to levy a 1% penalty on the outstanding bond amount which is deducted on date of registration. This means that on a R500 000.00 bond, the penalty fee is R5 000.00.
  • The bank will appoint an attorney to attend to the cancellation of the bond. The bank decides which conveyancing attorney will attend to the cancellation of the bond as they will know which attorneys are on the bond cancellation panel. The original title deed and mortgage bond will be forwarded to the cancellation attorneys.
  • The cancellation attorneys will prepare a consent to cancellation and will enclose the original title deed when proceeding with lodgment to the deed’s office.
  • The bank will forward the “cancellation figures” i.e. The exact amount still owing by the seller on his bond to the cancellation attorneys.
  • When the property is registered in the name of the purchaser and the seller’s bond is cancelled, the bank will be paid the outstanding amount owing to the bond on date of registration from the purchase price and the balance of the purchase price will be paid to the seller.
  • The seller is liable for the cancellation cost which gets paid to the cancellation attorneys on date of registration and this amount gets deducted from the purchase price before the seller receives the balance.
  • Should the attorneys not be same to attend to the transfer and cancellation of the bond, then the transferring attorneys must correspond closely with the cancellation attorney to ensure that the transfer documents and the cancellations documents are lodged in the Deeds Office simultaneously.
  • Please note that although your bond is paid up and it’s a NILL balance, you still have to cancel the existing mortgage bond at the Deeds Office and this is included in the cancellation attorneys fees.

 

HOPE THIS BLOG HELPED YOU.  DON’T STRESS – WE ARE HERE TO HELP YOU TO HAVE A FREE-FLOWING TRANSFER OF YOUR PROPERTY

Written by Annette Pillay.

/by
Jessica Schwenn

Global Giving little x little match week for the Charmaine Schwenn Young Women of Worth Campaign

The campaign for the Charmaine Schwenn young women of worth has begun today and ends this Saturday.
Invest $1,$20 or even $50 and global giving will match the donation to up to 50% of your donation.
Invest in a young women and her education today.
Epworth Foundation thank you for running such a fantastic campaign with
Global Givers.
Please click on the link to donate now.
/by
Jessica Schwenn

Charmaine Schwenn – Young Woman of Worth little by little campaign

In spite of all the pain of 2020 ~ The Epworth Foundation and Schwenn Incorporated here in South Africa, invites you to feel the power of HOPE once more by investing just a SMALL amount this September, into the life of a
YOUNG WOMAN OF WORTH
through the Epworth Foundation/Charmaine Schwenn bursary initiative.

This initiative honours the life of a great woman leader from our region, known and loved for her great ACTS OF KINDNESS, who saw in Epworth School a remarkable track record of producing world-class leaders.

Gone too soon, Charmaine’s legacy will now live on through the lives and accomplishments of these talented and deserving young girls.

 

Please tune in 😊✨  to our social media  (https://www.facebook.com/EpworthFoundation and https://www.linkedin.com/company/epworth-foundation/ https://www.facebook.com/schwenninc) this week, as the crowd funding opportunity readies itself for ‘take off’ in the ALL IMPORTANT middle week of September.

LittleXLittle, with your help, we will continue to ‘uplift our nation through quality education’

 
/by
Jessica Schwenn

Can a minor child act as a witness and testify in court?

Most parents might be asking themselves a few questions about a minor child having to appear at court as a witness and if a minor can appear as a witness what the legal position is.

It important to know what a minor child is. A minor is a child under the age of 18. He/ she lacks full legal capacity and cannot litigate or enter into a contract without the assistance of a guardian.

What is expected from a minor child in court?

The Common Law provides that every child may testify provided that:

  1. The child can appreciate the duty to speak the truth;

 

  1. The child has sufficient intelligence to understand the proceedings;

 

  1. The child can communicate effectively enough to understand his/ her testimony;

A child’s evidence must be approached with caution and the court must be satisfied regarding the competence of the child to give evidence. Like all other witnesses’ children must be sworn in before they testify.

 

What happens if a child is unable to understand the nature of the proceedings?

If the child is unable to understand what it is to take the oath the court is allowed to admonish the in terms of Section 164(1) of the Criminal Procedure Act. This means that the court will make a formal statement to caution the child about his/ her testimony and to make sure that the minor child fully understands the oath. The Judge or Magistrate interviews the child to establish if he/she is competent to give evidence. This generally takes place in Judges’ chambers or in closed court rooms.

 

How must the court deal with the evidence?

Once competency is established the court will allow the minor child to lead evidence in court. The Criminal Law Amendment (Sexual Offences Act) 32 of 2007 enacted certain rules about how the court must deal with evidence of a child complainant in sexual matters when the court is evaluating the evidence of a child.

In S v QN 2012 (1) SACR 380 T the court remarked that it is not improper to rely on the evidence of a minor child. In doing this the court should look at whether, the child was clear and satisfactory in all material aspects.

 

Children as young as 4 years can testify in court whereas in some cases you find that the child is too young and immature to give evidence in court. You might notice that in criminal cases matters court will proceed in closed court or have the perpetrator removed from court to enable the child to give evidence without any fear. A social worker must also be appointed to assist in sexual offences involving a minor child to take the child into an isolation room and allow the child to demonstrate and tell what really took place on the day of the incident. Such evidence is recorded and used in court.

In all essence a minor child can testify as a witness in court provided the above requirements are met. Protect a child and prevent crime.

Should you have any questions do not hesitate to call us on 031 003 0630 or email Jessica@schwenninc.co.za

Written by: Portia Dlamini

/by
Jessica Schwenn

Regulations under alert level 3 and 4 are declared unconstitutional:

On the 2nd of June 2020 the Gauteng High Court handed down judgment declaring that the regulations under alert level 3 and 4 to be unconstitutional but many people are left confused wondering:

  1. What does that mean for me and my family?;
  2. How did this come about? and
  3. What are the consequences if any of such a judgment?.

It is important to start, like any story, at the beginning and the same can be said when it comes to the enactment of laws and regulations.

Who makes laws in South Africa:

Parliament has the necessary legislative powers to make law, amend laws, and repeal laws. These laws however are voted on by parliament as a whole and need cabinet approval before they can come into existence. Most laws have to go through a strict step by step process before they are enacted.

How were the regulations under alert level 3 and 4 enacted?

The state of disaster which was declared by the President this allowed the government to enact the regulations under the Disaster Management Act.

These regulations were unilaterally enacted. Meaning it skipped the normal strict process of enactment due to the fact that it was an emergency situation and there was no time for due process.

Why the regulations were considered to be unconstitutional:

In certain instances, the government can limit citizens right under the constitution if such limitation is rational.

However, the court, in this case, has found that these regulations limit citizens rights to an extent that is not rational and can be seen as contradictory such as (to list a few):

  1. You can walk on the promenade which can be classified as exercise but you cannot be on the actual sand or in the sea itself;
  2. You cannot visit with your close or immediate family members but you can attend their funeral when they die;
  3. You are allowed out in public to exercise but only between the hours of 5 am-9 am.

What happens now:

The minister has 14 days from date of judgment to make the necessary changes to the regulations to abide by the court’s decision however, it is important to note that the minister can appeal this decision to a full bench of the High Court or take the matter to the Supreme Court of Appeal for hearing.

For now though as citizens we are to abide by the regulations until we are told otherwise because at present those are the laws still before us.

Reining of power by the government:

There is a very interesting interview done on 5fm radio with Eitan Stern from Legalese where he outlines governments power to sometimes to do as they deem fit without fully taking into account the citizens of the country and likened his example loosely on what is happening in the United States where the government is forcing police and military to break up protests against racial violence which in effect is creating more violence.

He states that although the two countries are in two very different situations the use of power used by the government, although the intentions may be good for its citizens, has in many circumstances made the relationship of trust with citizens and government worse.

This can be seen in our country by the lack of communication, the executive decisions by the National Comand Council, and the gross misuse of power by certain ministers.

If you would like more news on what is happening in our country and any laws you may be confused about please feel free to contact us today on 031 003 0630 or email us at Charmaine@schwenninc.co.za .

 

 

 

 

/by
Jessica Schwenn

Rental Collections and Evictions during COVID 19.

Section 26 of the Constitution:

This section stipulates that everyone has the right to access adequate housing and that it is the duty of the state to provide its people with the necessary resources to have said access.

We, however, know that in South Africa there is already a high percentage of our population that do not have adequate housing and we also know that our government does not have the necessary resources to rectify this epidemic.

With COVID 19 on the rise and many people being retrenched the number of evictions and homelessness it seems will only increase.

Rental Collection:

In normal situations, there are two or more parties to a lease agreement whether it be commercial or residential. If the tenant defaults on their monthly payments the owner would give notice of default, place the tenant in breach, cancel the agreement, and then would sue the tenant for arrear rental.

However, these times are different in that no one could have foreseen the possibility of a virus affecting our lives so suddenly and having such a drastic impact.

Within a contact, there may be two clauses that make provision for such unforeseen circumstances.

  1. Force Majeure: This is an act of God, one that neither the tenant nor the owner had any control over. Because of this act, no one could go to work and earn an income and therefore could not pay rent or meet their other financial obligations.

 

  1. Supervening impossibility: This is an impossibility to act either physically or legally. One cannot work during lockdown and alert levels or be vacated at certain times legally due to the regulations given by the government.

Solutions to non- payment:

Your agreement should lead you in terms of the path you can take however, these are difficult times and in saying that this leaves the door to communication and negotiation to take place. The following have been brought up lately as the main solutions:

  1. Deposit utilization: Using the deposit the tenant put down that is usually returned if no damage to the property is found when they vacate the premises. This can be used in the place of rent.

 

  1. Deferment of rent: Some refer to this as a payment holiday. This essentially just means that for a period of time you will be on a reduced payment plan or in some cases will be granted to not pay anything depending on your financial circumstances. This “holiday” however will ultimately increase your payment period and increase your interest on your payments in the long run especially for those who have bonds.

It is important that everything is agreed in writing between the parties and that there is compromise during this time as litigation will indefinitely be expensive if not solved amicably.

Evictions:

Previously the Disaster Management Act had stated that during lockdown no one could be removed from premises, this has since been repealed.

According to Regulation 19 of the Act one can Evict a tenant at any time however said eviction will have to be stayed until the end of alert level 4 which has yet to be announced and will need to be stated in the PIE application.

For any questions on property law whether you are a tenant or an owner please contact us on Charmaine@schwenninc.co.za or call us on 031 003 0630.

/1 Comment/by