We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.
A power of attorney is a legal document that enables an individual (the principal), with full contractual capacity, to appoint someone else (the agent) to act on their behalf.
A power of attorney is a valuable tool in various situations. For example, an elderly parent who struggles to handle their affairs due to age may grant power of attorney to an adult child to assist them. However, it is important to note that a power of attorney is typically a temporary solution.
It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.
In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants to obtain information from internet
A debt is legally enforceable when it is made an order of court. Chapter 11 of the Tax Administration Act 28 of 2011 regulates the recovery of tax by SARS. Part B thereof relates to the civil judgment procedure. Section 172 of the Tax Administration Act 28 of 2011 (“TAA”) allows SARS to obtain civil
If a taxpayer owes money to SARS and does not pay, SARS may file a certified statement with a competent court, which will be “treated as a civil judgment” (section 174 of the Tax Administration Act 28 of 2011 (“TAA”)). Recently the Constitutional Court finally set the record straight in Barnard Labuschagne Incorporated v South
Peter was admitted as an attorney in December 2012 and holds LLB and LLM (Constitutional Law) degrees obtained from the University of KwaZulu-Natal. Since his admission as an attorney, Peter has practiced mainly, although not exclusively, in the fields of commercial litigation / dispute resolution and labour law. Before joining DML Inc in February 2018,
We are receiving an increasing number of queries concerning defects in motor vehicles bought from dealers and this article summarises your rights and possible next legal steps in these circumstances. Requirements and Standards in terms of the CPA In terms of Section 56(2) of the Consumer Protection Act 68 of 2008 (“CPA”) a consumer may
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020)  ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a
On 21 January 2022 the CCMA delivered its findings in the unfair dismissal dispute of Mulderij v The Goldrush Group (case number: GAJB-24054-21), where it confirmed that the dismissal of an employee pursuant to a refusal to adhere to an employer’s mandatory workplace vaccination policy (“MWVP”) may be considered substantively fair. It is the first
“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” – do these words sound familiar? Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured
We are all aware of the serious legal consequences of defamatory posts on social media, but as discussed in my article on defamation and the elements that need to be proven, it is an intricate area of law and there is a constant weighing of individual rights by the courts. This case is an excellent
Why do we have to continue talking about this? Defamation of character has become one of the most frequent issues that clients raise with attorneys. Either they are being defamed on social media or are accused of defaming someone else or a business on social media. It would be easy to keep blaming it on