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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.
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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.
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.
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.
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.
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.
New products are constantly at our fingertips, often leads to purchases that might not have been made with full consideration. The excitement of acquiring something new can quickly give way to regret, particularly when the financial implications become clear.
The South African property market has been witnessing significant growth, making property investment an attractive option for generating income.
One of the challenges of GBV is that the perpetrator being released on bail and because he/she is frustrated that he/she has been exposed, metes out more attacks on the victim in retaliation. This is what the Criminal and Related Matters Amendment Act seeks to curb and minimise.
Despite having laws in place to discourage GBV and bring it under control, it is thought that the circumstances around it often make it difficult for the law to have an upper hand. Unrelenting, the legislature has made amendments to our law to curb GBV cases regardless.
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