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Author: HP Admin

Hammond Pole Attorneys > Articles posted by HP Admin

Everything you need to know about pay cuts and loadshedding

When it comes to loadshedding, everyone is in the same boat in trying as best they can to navigate life without electricity at home as well as at work.   With reduced productivity levels as a consequence of loadshedding, and with employees sitting idly waiting to resume work when power is restored, employers may be tempted to reduce wages to compensate for hours of downtime and a loss of income, but is this legal?   Under Section 34 of The Basic Conditions of Employment Act 75 of 1997, any deductions from an employee’s salary, for whatever reason, are prohibited unless there is a written...

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You receive an SMS from your bank notifying you of a deposit. The payment is unexpected, and you have no idea where it came from.  What is your legal responsibility?

Every individual is expected to act lawfully, therefore if money is deposited into your account and you know it’s not yours, legally you must return it.   A Walter Sisulu University student, Sibongile Mani, was accidentally paid an amount of R14 million instead of R1,400 in June 2017 by a company that manages the National Student Financial Aid Scheme’s (NSFAS) finances. She was found guilty of theft and imprisoned after she spent over R800,000 of the money that she received from NSFAS.   It is crucial to understand the consequences of spending funds you received in error which may include: A court order or...

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How does your marriage status affect you when buying property in South Africa?

Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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Frequently asked questions about divorce

Here are some FAQ's about divorce. How much does it cost to get a divorce? Divorces are unique to the individuals wanting the divorce as they depend on the circumstances surrounding the marriage. At Hammond Pole, we offer advice and assistance in determining the best route to take in reaching the most favourable outcome to our clients in the least amount of time. The cost of your Divorce will depend on the circumstances of your situation (whether there are minor children born of the marriage, your assets, maintenance claims, etc.) at the time of divorce. How long does it take to get a...

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‘VOETSTOOTS’: What does it mean?

'Voetstoots' merely means that as a seller you are selling the property with the existing problems it has. So the buyer takes it "as is". There is one very important caveat here - as the seller you have to fully disclose all known problems with the property in order for the buyer to make an informed decision. A voetstoots clause will not provide any legal protection if you intentionally conceal defects in bad faith with the purpose of defrauding the buyer. We are situated on the East Rand of Johannesburg (JHB) in close proximity to the airport. The following towns are nearby: Boksburg, Benoni, Kempton Park, Germiston,...

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What to do after the passing, or death, of a loved one: A Guide on how to start winding up the estate and the process thereafter.

Dealing with the death of a loved one can be over-whelming for all the family and friends concerned. It is for this reason that we at Hammond Pole Attorneys would like to assist you in setting out the correct processes to follow, when winding up the estate, in order to avoid making this traumatic experience any worse. First and foremost it is crucial to limit the financial exposure of the family in regards to the death of a loved one. That is why it's so important that the family report the passing of the loved one to the Masters office as...

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