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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
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’
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:
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
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:
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):
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 .
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.
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:
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.
It might be the right time to consider a business merger.
Most businesses have been struggling to stay afloat and some have considered cutting a number of their employees while some are totally closing down and not surviving the COVID 19 lockdown period.
Before deciding on totally closing down your business or company you might want to consider a business merger with a company or business that offers or renders the same goods and services like yours, or products that supplement or complement your existing business.
What is a Merger?
A Merger takes place when two independent companies combine their businesses which takes place by mutual consent or through a hostile takeover. From an economic perspective, there are three kinds of mergers that one might consider. The horizontal, vertical, and conglomerate mergers.
What is a horizontal merger?
A merger between firms operating on the same level of supply chain selling substituted products in the same geographic area. These include competitors like clothing stores. This type of merger is the most popular as it involves businesses and companies applicable in our daily lives.
What is a Vertical Merger?
A vertical merger entails the integration of companies or parties involved in different stages of the supply chain of a common product or service. An example of vertical integration would be a business merging with its supplier.
What is a Conglomerate merger?
Conglomerate merger covers all other types of mergers that are neither horizontal nor vertical in nature. These are transactions that take place between parties that have no apparent economic relationship. An example of a conglomerate merger would be a mining company and motor manufacture.
How are mergers categorized in terms of the Competition Act.
The Competition Act classifies mergers into 3 categories on the basis of total annual turnover assets of parties to the merger – Intermediate, Large, and small.
What constitutes an Intermediate Merger?
The combined annual turnover or assets of the acquiring firms and target firms in, into or from South Africa is less than R60 million or more.
The annual turnover or assets of a firm into or from South Africa is less than R80 Million.
What constitutes a larger merger?
The combined annual of assets of both the firms must is equal to or more than R6.6 million and the annual turnover or value of the transferred/ target firm is at least R190 million
There are many reasons why it might be a good idea to consider a business merger other than completely shutting down your company.
What constitutes a small merger?
A small merger is classified in terms of Section 13(2) of the Competition Act as a merger that does not fall under the intermediate and large mergers.
Do I have to notify the Competition Commission if we decide to embark on a business merger?
Yes, the Competition Commission must be notified of an intermediate and a large merger. A small merger can be notified of voluntarily within 6 months after implementation.
You might want to consider a business merger before concluding on shutting down your business or company completely. Gather as much information even if it’s a small merger but it’s worth keeping your name in the business industry and helping your business makes it through the COVID-19 period.
For any more questions you would like answered about your business please contact us today on Charmaine@schwenninc.co.za or 031 003 0630.