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Hammond Pole Blog

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Supreme Court of Appeal (SCA) Judgement

supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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Is vaccination in the workplace compulsory?

vaccination-in-the-workplace

Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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Working from Home: What’s the law?

working from home

While it certainly is more comfortable, are you legally obligated to work in the office if you feel unsafe doing so? What are your rights as an employee when it comes to working from home?   Unlike when we had our first lockdown, this current third wave is different! We are no longer dealing with the state of shock that we all experienced previously due to acclimatising to a new way of life. The shock has now passed, and most of us just want to get on with business as usual.   Covid-19 forced radical, immediate developments within most industries. Most companies jumped into...

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Cyber-attacks and Business Email Compromise

business email compromise

Cyber-attacks and Business Email Compromise (“BEC”) in commerce have become a major concern for attorney firms and their clients alike. Neil Mc Kinon, Attorney and Conveyancer at Hammond Pole explains the reality of email interceptions and email compromise.   According to a global survey conducted by Mimecast Cyber Security Services in 2020, 6 out of 10 companies globally suffered a Ransomware attack and, given the rise in digital activity over the last year, email threats increased by 64%. Also, according to a report by Accenture in May 2020, South Africa has the third most cybercrime victims, losing R2.2 Billion a year.   Who is...

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POPI Act: Under the magnifying glass

South African POPIA

Michelle Orsmond, Attorney, Notary Public & Conveyancer at Hammond Pole Attorneys shares valuable insight on the what the POPIA Act is all about, the importance of compliance and the fact that consent is not always necessary. What is POPI and when did it start? The Protection of Personal Information Act 4 of 2013 (POPIA) forms part of South Africa's Privacy Data law and its purpose is to protect Personal Information together with the requirements for the processing of Personal Information. The POPI Act gives effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to...

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Religious Marriages and the results thereof

Marriage in South Africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country. This article has been written by Michelle Orsmond, an in-house Family Law expert at Hammond Pole Attorneys.  In this article, we take a brief look at foreign and customary marriages and the implications thereof when entering into such a marriage. Religious marriages, more in particular Muslim Marriages, have no legislative framework governing them. These religious marriages are not legally recognized as having the same legal status as civil marriages in terms of the Marriage Act 25 of 1961. The consequence of...

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Civil Marriages

Civil Marriages

To establish the contractual capacities of the parties who enter into an agreement, it is of utmost importance to first confirm these parties' marital status. This will determine the positions in which the parties can act in terms of concluding an agreement. Civil marriage is a marriage that entered into between a man and a woman. More particular, the parties are of the opposite sex. In terms of South African Law, there are three types of Civil Marriages, and they are as follows: -           A marriage in community of property; -           A marriage out of community of property, with the inclusion of the accrual...

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COVID 19 – NON-ESSENTIAL EMPLOYEE NOT ABLE TO WORK REMOTELY: SICK LEAVE? UNPAID LEAVE? ANNUAL LEAVE?

Covid-19 has effectively divided our workforce into essential and non-essential employees. While essential employees continued with their employment, albeit under very different circumstances that came with their challenges, non-essential employees were left with many questions in the event of them not being able to work remotely.  We have focused the below article on non-essential employees that we're unable to work remotely. The below questions are some examples of what has been raised by my respective clients in the last few weeks:  Can the company apply the "no work, no pay" principle?    Can the company force me to take unpaid leave? ...

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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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