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Alert level 3 regulations as amended in January 2021.
Many of us are so confused as to what our rights under these various alert levels are especially when they keep changing. This blog is a list of the regulations as newly amended in January 2021.
For more information on any of the regulations please do not hesitate to contact us at Schwenn Incorporated Attorneys on 031 003 0630 or email us on Jessica@schwenninc.co.za.
Quick steps for the Executor to follow in an estate
What does the Companies Act say about delinquent Directors?
The Companies Act gives certain persons the right to apply for a court order to declare a Director as delinquent and whereafter imposing restrictive conditions on said Director.
According to Section 162(2) those who may apply for an order to declare a Director delinquent are:
There are certain reasons or categories of behaviour in which the Director must act to classify himself/herself as a delinquent this would be one of the following but not limited to:
In the event where the court finds that an order of delinquency is too harsh then the court may rather declare an order of probation. Some of the grounds of probation are but are not limited to:
A director who has been declared a delinquent may have an order that is conditional or unconditional and the conditions may last from 7 years or longer depending on the nature of the conduct of the director. Certain conditions could include a payment of damages or being supervised by a mentor or alternatively being disqualified as a director altogether.
According to the Act if a Director has been qualified as a delinquent Director then after a period of three years he/she can apply to the court to suspend the order or apply to substitute same to an order of probation.
What is the public register?
In many cases people are not honest about their past history with those they get into business with. This is the reason why the Companies Act requires CIPC to have and maintain a public register of disqualified persons from serving as Directors.
In Conclusion
It matters not what type of business is created the Companies Act allows for liability of Directors in all businesses and although the Act has allowed many freedoms it makes sure that misconduct is dealt with strictly.
What are the parental rights and responsibilities of an unmarried father?
A father will have his parental rights and responsibilities in respect of the child if at the time of the birth he was living with the mother in a permanent life partnership or :
These rights and responsibilities are in accordance with Section 21 of the Children’s Act and whether or not the father has rights and responsibilities does not affect his duties to contribute towards the maintenance of the child.
A court can terminate a parents rights and responsibilities but according to section to Section 28 of the Act, the court will have to take into consideration:
What is the Compensation Fund and who can benefit from compensation fund?
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?
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
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.
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.
This process can take up to 90 working days for approval.
Thirdly, you apply for your firearm license.
This process takes approximately 90 working days.
Renewing your firearm license
All firearms licenses must be renewed every:
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?
Written by Petricia Martin.
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!
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.
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:-
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.
Global Giving little x little match week for the Charmaine Schwenn Young Women of Worth Campaign