UNLAWFUL ARRESTS AND DETENTION
If you have been arrested for something you did not do, or arrested and detained in a wrongful manner and on unlawful grounds, then you may have sufficient reason to submit a wrongful arrest claim against the South African Police Service (SAPS), or other law enforcement agency, if relevant. The South African law and the […]
PRESUMPTION AS TO WHO IS EMPLOYEE
We find guidance in section 83A of the Basic Conditions of Employment Act. (1) A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors is […]
LONG AWAITED PARENTAL LEAVE
Section 25A of the Basic Conditions of Employment Act applies. (1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. (2) An employee may commence parental leave on— (a) the day that the employee’s child is born; or (b) the date— (i) that the […]
WHO CAN APPLY FOR A CRITICAL SKILLS WORK VISA AND WHAT IS THE CRITERIA?
Any foreign national who has skills or qualifications that the South African Department of Home Affairs has deemed to be critical for the Republic may apply for a temporary residence visa under the category of critical skills work visa. There are two relevant criteria grounds (*note the requirements that rest on the prospective employer): Visa […]
DUTIES AND OBLIGATIONS OF THE EMPLOYER OF FOREIGN NATIONALS
KEY LEGISLATION: Section 38 of the Immigration Act 13 of 2002 (Immigration Act). “38. Employment (1) No person shall employ — an illegal foreigner; a foreigner whose status does not authorise him or her to be employed by such person; or a foreigner on […]
DEBT REVIEW TERMINATION AND CLEARANCE
Our firm specialises in all consumer-creditor related matters including legal services and assistance with the removal and clearance of debt review listings. In terms of the National Credit Act, debt counselling services can be cancelled and suspended at any time as a consumer has the right to choose to make direct payments toward their own […]
GENERAL BLACKLISTING CLEARANCES AND ACCOUNT UPDATES
Our firm legally assists consumers with the removal and clearance of general blacklistings listed on a consumer’s credit profile and records, namely the following: Sequestration order listing clearances, Default judgment clearances, Arrear account updates, Default account listing clearances, Adverse account listing clearances, Updating account status where the account is settled in full.
PRESCRIPTION OF DEBT
In terms of the South African credit law most debts will expire or prescribe after a three-year period, if the consumer did not interrupt this prescription period by acknowledging the debt and made payments toward such debt or arrear accounts within this three-year period. This means that the debt or arrears owing in terms of […]
MEDICAL MALPRACTICE AND NEGLIGENCE
Medical malpractice can be described as a negligent medical act that is a violation of the acceptable standards of treatment in the medical profession, or an omission of proper medical care. It occurs when a medical professional’s conduct do not meet the accepted standards of practice. The negligent conduct can take various forms resulting into […]
When a Medical misdiagnosis caused you harm.
Legal Rights When Misdiagnosis Has Left You Scarred You do have legal rights when a doctor’s misdiagnosis caused you harm. Unfortunately, misdiagnosis cannot only lead to harm, but can lead to a loss of life and subsequent loss of income. If you have been the victim of a misdiagnosis you can take legal steps to […]