How long may I reasonably be detained after arrest?
Once an arresting officer affects an arrest on an individual, the arresting officer must bring the arrestee before a court as soon as reasonably possible and at least within 48 hours (depending on court hours). Once that has been done, the authority to detain a suspect has been exhausted. Any further authority to detain a […]
The importance of trustee meetings and minutes
Trustees should always act in good faith and in the best interest of the beneficiaries. One of the main duties of the trustees is to manage the trust efficiently which requires effective communication between all the related parties. An effective management system should be in place to ensure that the correct decision is made by taking into account the interest of […]
Who should be held liable for injuries sustained in a Sectional Title Scheme?
The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and member of the body corporate who was subsequently entrusted by the owners with the duty of the cleaning and gardening services. Mr. Du Plooy, as Plaintiff, slipped and fell in the common area of the scheme and initiated action against the managing agent and […]
What is a Living Will?
A Living Will is a document regarding healthcare at the end of your life. It states that any treatment that would otherwise lengthen your life should be withheld in specific circumstances, such as being in a permanent vegetative state, irreversibly unconscious or terminally ill. Through a Living Will, you express the desire to die a natural death, free from […]
Keep calm and sell your property
Selling your property can often cause your hands to get itchy, but more often than not rushing into the sale of the property leads to choices you’ll regret later. Several points need to be remembered once you’ve decided to take the plunge and dive into the property market. The first step to take is to […]
The reasonable driver: What is expected of you, and what could constitute negligence?
This article investigates what is expected of a reasonable driver, looks at the threshold of what is required to still be considered a reasonable driver in a sudden emergency, and gives an overview of what is required to prove negligence in a motor vehicle accident. Duties of a reasonable driver: Among the duties of a […]
Korporatiewe beheer: Direkteure se rol en funksie
Die Maatskappywet 71 van 2008 (“die Wet”) spesifiseer dat ‘n maatskappy en maatskappy aangeleenthede bestuur moet word onder die beheer van ‘n raad van direkteure, wie die bevoegdhede moet hê om al die magte en funksies binne die maatskappy struktuur te kan uitoefen. Die algemene magte van die raad van direkteure word gereguleer deur die […]
What is corporate governance all about?
In terms of Section 33 of the Companies Act 71 of 2008 (“the Act”), read with Regulations 28, 29, 30 and 33 of the Companies Regulations of 2011 (“Regulations”), companies and close corporations must submit Annual Financial Statements or a Financial Accountability Supplement (“FAS”) together with their Annual Return with the Companies and Intellectual Property […]
The Government’s back door tendencies in Agriculture
The National Water Act, lauded as the most progressive and visionary piece of legislation in the world, is ahead of its time, at least in South African time. The preamble of the Act states the purpose of the Act, which inter alia includes, that water is a scarce and unevenly distributed resource in our country, […]
Korporatiewe beheer: Aandele met pariwaarde en sonder pariwaarde
Ingevolge die Maatskappywet No 61 van 1973 (“die ou Wet”) kon die aandelekapitaal van ’n maatskappy in aandele met pariwaarde (hierdie aandele staan ook bekend as nominale waarde aandele) of aandele sonder pariwaarde verdeel word. Aandele met pariwaarde het ’n waarde-aanduiding gehad. Die Maatskappywet No 71 van 2008 (“die Wet”) het aandele met pariwaarde en […]