Category Archives: Civil Law

RAF Eise, hoe werk dit?

Geskryf deur Nadia Roodt Hoe weet jy of iemand ‘n eis het teen die RAF? Die wet se enige persoon het ‘n eis as hy (1)beserings op gedoen het (2)in RSA agv die (3)nalatige bestuur van ‘n (4) motor voertuig deur … Continue reading

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What can an unpaid builders/subcontractor do on site to ensure payment

What can a builder do to enforce a claim for payment of work done? One option is that he demands payment from the person who contracted with him to perform the building worksand, if the latter remains in default, to … Continue reading

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How to defend a summons in the Magistrates Court

This is a do it yourself guide, however, it is recommended that you rather use an attorney if you are not clued up with court rules and uncertain. As soon as you are served a Summons you must take immediate … Continue reading

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Spoliation (Mandament van Spolie) an explanation

By by Adv Marius van Vuren – Pretoria Bar Spoliation (Mandament van Spolie) Spoliation is the wrongful deprivation of another’s right of possession. It may relate to movable or immovable property or even a legal right. It is not available … Continue reading

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What to do when neighbour’s trees overhang on your property.

In terms of our law, every person or every neighbour, for that matter, has a right to unimpeded enjoyment of his land. This right, means that a neighbour’s health, well-being or comfort in the occupation of his land must not … Continue reading

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Hate speech, racist speech and freedom of speech

So what and when is our freedom of speech not so free anymore? If you look at section 16 of our Constitution you will find it guarantees the right to express yourself freely but keep in mind when you read … Continue reading

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Road Accident Fund, all you need to know

The claim is lodged on a prescribed statutory claim form (Form 1 is to be used in respect of claims arising prior to 01 August 2008 and RAF 1 from 01 August 2008 onwards) which provides basic information on the … Continue reading

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The Sheriff and right of entry

Although the law safeguards the privacy of your home, and in terms of the constitution every person has the right not to be subject to (arbitrary) searches of their person, home or property, many public officials may have the right … Continue reading

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How to claim via Small Claims Court

SMALL CLAIMS COURT DOWNLOAD LETTER OF DEMAND HERE: Letter of demand Description If there is someone owing you money, you can institute a civil action against that person. This means that you can have the person owing you appear before … Continue reading

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SKULD: JOU REGTE WANNEER JOU GOEDERE TERUGGENEEM WORD VIR SLEGTE SKULD

By Ray Green on Thursday, July 17, 2014 at 2:11pm  Mense, dit is verskriklik en skandelik hoe oningelig meeste mense is oor hulle regte wanneer dit kom by die terugneming van goedere, soos roerende bates, waarby meubels, motorvoertuie ens ingesluit … Continue reading

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