Author: Carolee

December 15, 2016 Carolee

As Christopher Bullock so aptly stated back in 1716 “there are two certainties in life: death and taxes”. What he possibly didn’t account for was the fact that at some stage in your life you would be able to have a say over the former, in certain circumstances that is. Introducing the Living Will…  …

November 16, 2016 Carolee

While many South Africans are going on a well-deserved break during December 2016 and January 2017, Reyneke Attorneys would like to announce that we will remain open during this time.   The holidays are a time for relaxing, reflection on the past year, planning for the coming year and spending quality time with family, friends…

November 4, 2016 Carolee

In an employer-employee relationship it often happens that an employee violates his employment agreement in a manner that results in the employer suffering damages. For example, an employee performs his duties in a grossly negligent manner and the employer suffers a financial loss or an employee decides to quit without giving the agreed upon notice….

October 23, 2016 Carolee

When should you update your will or have one drafted?   • You recently got married or are living with someone. • You are in the process of getting divorced, or are separated from your partner. • You have started a business or it has now expanded. • You want to appoint a guardian or…

October 19, 2016 Carolee

By Dr Izette Knoetze   Courts are pre-eminently human creations and serve two primary functions in society, namely they resolve disputes and deliver justice to litigants to the degree possible in a system conducted by fallible people (FI Lederer ‘The Road to the Virtual Courtroom? A Consideration of Today’s – and Tomorrow’s – High Technology…

October 5, 2016 Carolee

All workers have certain rights under the Constitution of South Africa and labour regulations. Just like any other type of employment, all domestic workers should be employed in terms of a signed employment contract.   The position of domestic workers is regulated by the Basic Conditions of Employment Act, which needs to be read along…

September 29, 2016 Carolee

In terms of section 35 of Constitution, every person arrested and/or detained has a constitutional right to consult with a legal practitioner of his/her choice and to be informed of this right promptly.   This right includes: – that an accused person may be represented by legal counsel of his or her choice, if one…

September 21, 2016 Carolee

A protection order aims at preventing the reoccurrence of domestic violence by stating what conduct an alleged offender must refrain from doing in future. This order requires that a respondent complies with the protection order provisions as set out in the interim and/or final protection order. If the respondent contravenes any stipulation of the protection order,…

September 14, 2016 Carolee

In a groundbreaking judgment handed down on Tuesday 13 September 2016, the Constitutional Court found that an Emoluments Attachment Orders (EAO) require judicial oversight to determine if they are just and equitable, and if the amount is appropriate.   A garnishee order or EAO is a court order that compels a debtor’s employer to pay…

September 12, 2016 Carolee

In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the Act) must be complied with. Basically, the lessor has to obtain a court order to evict an unlawful…