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. If you approach the dealer and he/she refuses to act in accordance with the CPA by repairing the vehicle or refunding you (depending on what you requested), you will need to submit a complaint against the dealer at the Motor Vehicle Ombudsman (“MIOSA”) in terms of section 82(6) of the CPA.
If your neighbour is building at the early hours of the morning or on your (supposed-to-be) serene Sundays and he is not able to prove that any of the requisite exceptions to the regulations apply, certain remedies become available to you as an affected party. Such relief is based in terms of the relevant By-laws in your area, such as the City of Cape Town’s Municipal Planning By-law and the Streets, Public Places and Prevention of Noise Nuisance By-law which is exclusively applicable to the City.
Employers are cautioned against using the results of polygraph tests as the sole basis for disciplining an employee. The probative value of polygraph testing remains open ended, and its reliability, if any, is to be determined by the courts on a case-by-case basis and in conjunction with expert and / or further corroborating evidence.
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