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Cape Town
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Pretoria East
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August 22, 2023
What is commercial law? A South African perspective

Commercial law, also known as business law or corporate law, is a branch of law that deals with legal matters related to businesses and commercial transactions. It encompasses a wide range of legal issues that arise in the conduct of business activities. Commercial law governs the rights, obligations, and interactions between individuals and entities engaged […]

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August 16, 2023
What is labour law? A South African perspective

Labour law, also known as employment law or labor law, is a branch of law that deals with the rights, obligations, and regulations governing the relationship between employers and employees in the workplace. It is designed to protect the interests of both employers and employees and to ensure fair and equitable treatment in the workplace. […]

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August 16, 2023
What is family law? A South African perspective

Family law is a legal practice area that deals with legal matters related to family relationships, domestic issues, and personal matters involving individuals and their families. It encompasses a wide range of legal issues that arise within families and domestic partnerships. Family law aims to address and resolve these issues while safeguarding the well-being and […]

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May 12, 2022

With the emergence of the Johnny Depp and Amber Heard Trial saga, domestic violence has never been more prevalent. South Africa, a country where the right to be safe and free is enshrined in our Constitution. The judicial system encompasses 2 types of Protection Orders 1. the Domestic Violence Act 116 of 1998 (hereinafter referred to […]

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May 12, 2022

Prior to the implementation of Chapter 3 of the Children’s Act, Act No. 38 of 2005 (hereinafter referred to as “the Children’s Act”), South Africa followed the common law, in respect of conferring parental authority pertaining to minor children on their respective parents. The Children’s Act however brought about significant changes to the issue of […]

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May 4, 2022
What happens to my minor children if I die without a will

Thinking about death can be scary. Thinking about your sudden death when you have children is even scarier. This is a scenario no parent wants to think of, but passing away without a will in place can have dire consequences for your loved ones, especially your minor children. Having a will in place could spare […]

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April 6, 2022
Can your employer monitor your work emails?

When the Protection of Personal Information Act (POPIA) came into effect on 1 July 2021, there were some areas of possible dispute that could arise between employers and employees, including the monitoring of employee’s work emails. In South Africa, the right to privacy, especially in the workplace, isn’t as absolute as you might think. It […]

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February 16, 2021
Divorce Settlements and Pension Funds – What the Law Says

The Divorce Act determines that a member’s pension interest in a retirement fund forms part of the member’s assets.  A retirement fund includes a pension fund, provident fund, retirement annuity fund or preservation fund. The effect of this is that it will be taken into account when calculating the division of the parties’ assets during […]

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December 10, 2020
Drunk & driving: what you need to know

What defines Drunk and Driving? Section 65 of the National Road Traffic Act 93 of 1996 (hereinafter referred to as “The Act”) defines driving under the influence under two scenarios: Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, or with an excessive amount of alcohol in blood or […]

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December 10, 2020
Revenge is a dish best served not at all!

In South Africa, the rights and dignity of the individual has been expanded in line with international norms on the scourge that has come to be known as “revenge porn”. The Films and Publications Amendment Act of 2019 has criminalised knowingly distributing private images and footage of sexual and/or compromising nature of a person without […]

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December 9, 2020
The legal consequences of road rage

In the article Road rage and reasoning about responsibility SACJ (2001) 14, Shannon Hoctor of the University of Port Elizabeth, describes road rage in the following manner at 195: "Whilst the exact ambit of the term is rendered somewhat vague by misuse, it is clear that road rage is a product of the confluence of […]

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October 6, 2020
Retrenchment process in South Africa - what you need to know

During the COVID-19 pandemic, many employees faced retrenchment. In this article, we discuss: When can employees be retrenched? What is a fair procedure for retrenchment? Will I get paid if I am retrenched? What can I do if I have been unfairly retrenched? ALSO READ: The effect of COVID-19 on South African employers and employees […]

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April 22, 2020
Is your customary marriage valid? Customary marriages in terms of the recognition of certain customary marriages Act 120 of 1998

What is a customary marriage? A customary marriage is a marriage entered into in accordance with the traditions, customs and culture of indigenous African people in South Africa, and is recognised by the Recognition of Certain Customary Marriages Act 120 of 1998 (hereinafter “the RMCA”) that came into operation on the 15th of November 2000. […]

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April 8, 2020
The effect of Covid-19 on South African employers and employees

In these unprecedented times, our offices have had numerous clients contacting us regarding the position and options for both employers and employees due to the lockdown, which was imposed on Thursday 26 March 2020 at midnight. One of the relationships greatly affected by this lockdown, is the employer-employee relationship. It is of great importance that […]

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April 7, 2020
Major children and your duty to pay child maintenance

Do parents have a duty to pay maintenance for their children after they have reached the age of majority, but still cannot support themselves? In short, yes. LEGISLATION In terms of section 18(2)(d) of the Children’s Act 38 of 2005 (hereinafter referred to as “the Act”) parents have a responsibility to contribute to the maintenance […]

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April 5, 2020
Lease agreements during the Covid-19 Lockdown, supervening impossibility and Vis Major

On the 6th day of March 2020, the World Health Organisation (“WHO”) characterised COVID-19 as a pandemic according to an assessment by WHO. Since the announcement by President Ramaphosa, declaring a lockdown from the 26th day of March 2020 at 24:00 to the 16th day of April 2020 and South Africa has been faced with […]

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April 4, 2020
The impact of Section 129(1)(a) of the National Credit Act on debt enforcement

No doubt, most, if not all, South Africans are finding themselves in very tiring financial times due to the impact the Covid-19 pandemic has on the South African economy. Payment of debts are taking a backseat to your family’s essential needs in this time, and you may find yourselves asking “I cannot pay my debts […]

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April 3, 2020
How to become the sole guardian of your child

First and foremost, one need to understand that guardianship of children is a vital aspect of both the children’s and the parents’ lives. A parent or person who wishes to apply for the sole guardianship of a child, must understand what is expected of a guardian. In terms of section 18(2)(b) as well as section […]

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April 2, 2020
Your rights under a State of Disaster vs a State of Emergency

On 7 January 2020 China identified a new virus known as the Corona Virus, later labelled COVID-19. The starting point: a market in Wuhan, China. From there COVID-19 spread at a rapid speed to the rest of Asia, Europe and eventually to South Africa where the first case of the virus was diagnosed on the […]

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April 1, 2020
Labour reviews: taking a second look at your dispute

During the 2018/2019 financial year, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) received a total of 193 732 dispute referrals. Of those referrals, the CCMA had issued 16 771 arbitration awards, which equates to 16 771 opportunities for review by the Labour Court. But what does this process entail? Below, we consider the process of reviewing a […]

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March 31, 2020
Get your Will in place during the South African lockdown

With the country in lockdown, why not take the time and consider getting your Will in place? If you are older than 16-years and mentally able to realise the nature and consequences of your actions, you are able to make a Will. The right to make a Will is determined by age and not other […]

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March 23, 2020
Cavanagh & Richards Attorneys: Covid-19 Contingency Plan

On 11 March 2020, the World Health Organisation (WHO) declared the Coronavirus, COVID-19, a pandemic Furthermore, on 15 March 2020, President Cyril Ramaphosa declared a national state of disaster in terms of the Disaster Management Act. Over and above the outbreak of the Covid-19, Cavanagh & Richards Attorneys is continuing to focus on providing the […]

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February 11, 2020
Revenge porn – what can you do?

It’s a shocking moment when you discover private images or videos of yourself that was sent to another person shared across social media, Internet, email or any messaging app. Maybe you took a nude picture for your lover, or maybe you let someone take nude photos of you during a vulnerable moment. If any explicit, […]

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January 27, 2020
What exactly do attorneys do?

Attorneys are professionals, licensed to practice law in South Africa and around the world. They do more than just try and keep their clients out of jail. Attorneys are trained in managing their clients criminal and/or civil legal needs, as well as assist in drawing up legal documents (like divorce papers, wills, contracts, etc.), provide […]

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January 13, 2020
What is the difference between a lawyer and an attorney?

A question most asked about the legal profession is what is the difference between a lawyer and an attorney? What is a lawyer? A lawyer is a person that practices law. It is a licenced professional who advises and represents a person or persons in any legal matters. This can include services across several legal […]

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June 1, 2018
Unfair dismissals and the CCMA - regulation in discipline

The majority of matters referred to the Commission for Conciliation, Mediation & Arbitration (“CCMA”) relates to unfair dismissals of employees. As labour attorneys, we often deal with these matters and have the privilege of evaluating the actions of the employer. As they say: “hindsight is a perfect science”, and in these cases, the employer’s actions […]

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May 15, 2018
What are the legal consequences of threats and violence?

Composure is vital in the Spur of the moment Social media and news outlets alike have once again been oversaturated with an unpleasant narrative: the unnecessary spat that unfolded in a family restaurant at The Glen. Since the ordeal, various opinions have been voiced over social media platforms sympathizing with either of the two parties […]

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May 2, 2018
What you post on social media might land you in hot water… or worse…

At the close of 2015, our nation was in uproar regarding the misguided and unfortunate posts of a real estate agent, Ms. Penny Sparrow. At the infancy of 2017, another unfortunate post reared its ugly head in the wake of the loss of one of our country’s greatest Springbok players of all time. Mr. Riaan […]

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April 20, 2018
5 things you need to know when you get pulled over in a roadblock

With the long weekend coming up, a lot of South Africans are gearing up for a long weekend and having fun with friends and family. If you are planning to spend some time on the road this long weekend, or at any other time of the year, here are 5 things you need to know […]

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March 7, 2018
Social media and the South African law - 5 things you need to know

Social media is everywhere. According to We Are Social & Hootsuite's ongoing Global Digital series, there are currently 3.028 billion social media users around the world. Social media has made its way into almost every aspect of our lives and has become one of the most prominent forms of communication. But one Facebook post, one […]

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