An engagement is the only valid basis for a marriage. It is two party’s willingness to enter marriage.

What are some of the circumstances where the marriage can be considered void?

These are known as material mistakes:

  1. The mistaken identity of a person – this usually does not happen as one sees their soon to be spouse at the wedding, but this can happen in the case of twins or doppelgangers.
  2. A mistake as to the act itself: this may be where the person does not know the ceremony is meant to be that of a marriage.

Mistakes pertaining to personal characteristics do not result in a lack of consensus e.g., finances, relatives, names, or religion.

What may make a marriage voidable (meaning that it is legal but could be annulled)

This is usually misrepresentation – where one party is deceived by another party. The deceived party must prove that he/she would not have entered the marriage had they have been aware of certain things.

However, what is considered as misrepresentation?

  1. Intentional concealment of sterility or stuprum: Being sterile is where one party cannot have children. This must be present at the time when the marriage was concluded, the parties must have considered sexual intercourse after marriage, it must be incurable, and the applicant must not have been aware of it at the time of the marriage. Stuprum is where the woman is pregnant with another mans child. The husband must be unaware of the pregnancy at the wedding, and he must not have condoned the action;
  2. The existence of an illegitimate child;
  3. Sexual promiscuity;
  4. Homosexual behaviour; and
  5. Serious disease.
Dear clients,
As a firm we are understanding of your worries during this time regarding the masters offices and the estates matters held.
Please note that we have a candidate attorney that goes to the masters offices almost everyday and as you can see from the lines below it is on most days almost impossible to get in.
Once she gets in most of the staff are still working on a rotational system and are not in and when we try and consult with estate controllers we are advised that we are unable to due to the COVID 19 pandemic. We are then told whom to email and when we email they either do not answer or read the emails or we are told that that person isn’t dealing with it and we must find someone else.
We up until recently were not even allowed to get documents stamped as proof of lodgment so how can we even prove to clients we were following up on matters!
Please see the below picture where there is further investigations into the masters offices being held this was in a recent paper, as well as an email we have received to say they aren’t going to deal with attorneys matters because they are too busy ( I have blocked out the relevant parties name and email address).
Please note that we are trying alternatives everyday and will continue to push the system until we have the matters sorted out. Don’t give up faith with us and watch this space.
Schwenn-Inc-logo

Many people do not know what a summons is and if they do they do now know the full extent of details for which it should hold.

 

There are two main types of Summons namely:

  1. A Combined Summons: this is mainly used where one is not suing on a liquidated demand or debt; and
  2. A Simple Summons: this is used when one is suing another based on a liquidated debt.

It is important to note that certain things MUST be on the summons for same to be valid, same would include:

  • Where the Plaintiff is represented by an attorney the attorneys address and contact details must be listed on the summons (this is the same if the Plaintiff is representing him/herself).
  • The Plaintiff and/ or his representative must be within 15km of the court out of which they are suing out of.
  • The Summons must be signed by the Plaintiff/ his attorney as well as the clerk of the court who will allocate a stamp that must bear the address and name of the court and the date which the case number was allocated to the summons.
  • The Summons must include a Notice of Intention to Defend and a Consent to Judgment (unless it is a divorce than a consent to judgment is not needed).
  • The Jurisdiction of the court must be mentioned and explained in the summons as to why the court has the rights to hear this matter.
  • There must be a proper statement of facts and a proper relief sought within the summons including the prayer of interest.

Contact us today to assist you in reclaiming money back or issuing a summons on 0310030630 or email us on Jessica@schwenninc.co.za

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.

 

  • Curfew has been changed to the hours of 21:00pm – 05:00am. This curfew however does not apply where there is a security or medical emergency or where one is working as an essential worker;
  • Failure to abide by any of the regulations will result in a fine or imprisonment not exceeding six months;
  • All establishments whether they are indoor or outdoor must close at 20:00 hours;
  • Face masks covering the nose and mouth must be worn in a public place with exception of a child under the age of 6 years old;
  • Employees must at all times perform their duties wearing a mask;
  • Employers must according to the space in square metres, determine the number of customers and employees in the building and ensure proper social distancing and hygiene conditions are adhered to;
  • All banks must ensure that ATM’s have hand sanitizers available and that social distancing is being adhered to;
  • Funerals are limited to 50 people with a distance of one and a half metres required. No night vigils or after funeral gatherings are allowed and the duration of funerals are a maximum of two hours during which face masks must be worn at all times;
  • All social, faith based, political and traditional council meetings are prohibited;
  • Gatherings at cinemas, casinos, museums and libraries are limited to 50 persons at a time;
  • Gatherings at sports grounds, beaches, lakes, dams, rivers or any recreational facilities are prohibited but game parks, aquariums, botanical gardens and zoos are open between the hours of 9:00am and 18:00pm;
  • Gyms are open for 50 people at a time;
  • Evictions and demolitions can only take place by way of a court order and a court can decide to suspend or stay an order depending on various guidelines;
  • Visits to correctional centres are prohibited;
  • All ports and entry into South Africa are closed (with the exception of certain goods);
  • International travel is restricted;
  • Public transport can only hold 70% of its licensed capacity for long distance travel (200km);
  • The distribution, transportation, tasting or consumption of liquor is all prohibited.

 

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.

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.

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.

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.