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Cor van Deventer's Articles

What Is Arbitration And Mediation, And How Can It Help Me?

Disputes are an inevitable part of life and resolving them efficiently and amicably is crucial. Two common methods of alternative dispute resolution are arbitration and mediation.

Your Guide to Winding Up Estates in South Africa

The winding up of an estate after a loved one's death is a delicate process that requires meticulous attention to detail and adherence to legal procedures.

Why "Blacklisting" is No Longer a Threat in South Africa

Traditionally, "blacklisting" referred to having a negative mark on your credit report, which could hinder your ability to borrow money or secure contracts. Historically, credit bureaus focused only on negative financial behaviors, such as missed payments or defaults. However, the term is outdated and misleading, as it implies a permanent negative status.

Understanding the Debt Collection Process in South Africa

In South Africa, the debt collection process is governed by strict laws designed to protect the interests of all parties involved. Whether you are a business trying to recover debts or an individual facing debt recovery actions, knowing the legal framework is essential.

Dispute Resolution & Defamation in South Africa

Once an individual proves that a defamatory statement has been published, South African law presumes it to be wrongful and intentional. The defendant then has the burden to prove otherwise. This legal presumption streamlines the process, focusing the court’s attention on the content of the statement and its impacts rather than on proving the publisher's intent and awareness.

Work Stress and Constructive Dismissal in South Africa

In South Africa, the Labour Relations Act provides a framework for resignation under such circumstances, commonly referred to as constructive dismissal. Constructive dismissal occurs when an employee resigns because their employer's conduct has made continued employment intolerable.

Understanding Defamation and Privacy Law in South Africa

The South African legal system defines defamation as the act of publishing any statement about another individual that injures the reputation of that person in the eyes of the community. This definition underscores the gravity of defamation, highlighting it as not merely a personal affront but an action with potential social ramifications.

Under What Circumstances is Resignation Seen as Constructive Dismissal?

Constructive dismissal claims hinge on a trifecta of essential elements that the employee must convincingly prove for a claim to be valid. These elements form the backbone of the legal framework governing constructive dismissal and are critical in understanding both the nature of these claims and the burden of proof required from the employee.

Sectional Title Schemes and Common Property

Unlike traditional property ownership, where one owns the land and the building outright, sectional title schemes in South Africa allow for individual ownership of a "section" of the property, with shared ownership of common areas.

How Blacklisting Affects Businesses and Individuals in South Africa

In the context of South African law, blacklisting is a notation on an individual's or company's credit report that indicates a history of non-payment or defaulting on debt. This mark can severely impact a person's or entity's ability to borrow money, obtain contracts, or even secure employment.

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