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From category archives: Legal Articles

Civil Litigation & Debt Collection

Defamation of Character in the Workplace: A Legal Guide for SA

In South Africa, defamation of character occurs when someone makes a false statement about another person, harming their reputation in the eyes of reasonable people.

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What to Do When Pulled Over or Stopped at a SAPS Roadblock

Being pulled over by the police or encountering a South African Police Service (SAPS) roadblock can be a daunting experience, especially if you are unsure of your rights and obligations.

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Rei Vindicatio: Reclaiming What’s Rightfully Yours

In South African law, the principle of rei vindicatio is a powerful legal remedy that allows an owner to reclaim possession of their property from someone who unlawfully possesses it.

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What is the Small Claims Court and When Can I Approach It?

At Van Deventer and Van Deventer Incorporated, we understand that dealing with minor civil disputes can be a daunting task. The Small Claims Court in South Africa offers a fast, simple, and cost-effective solution for resolving such disputes, particularly those involving claims up to R20,000.

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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.

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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.

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Bail Procedure In GBV Cases in South Africa

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.

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The Law’s Attempt to Have an Upper Hand in GBV Cases

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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Nip the Funds in the Bud - Freezing Accounts in Execution of Judgments

There are various ways of executing court-issued judgments against the debtor in order to satisfy the judgment, with the most common being where the debtor settles the judgment debt by way of monetary payment, sale in execution of assets owned by the judgment debtor, issuing of a garnishee order or the issuance of an emoluments attachment order

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Affordability Assessment - How Far Should Credit Providers Go?

A significant number of South Africans are finding it challenging to honour their debt obligations, thereby resulting in some being declared over-indebted. To curtail this state of affairs, the National Credit Act places an obligation on credit providers to undertake affordability assessments before granting credit to consumers.

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