by Honey-AdminOrgan of State as defendant, giving notice and condonation
More often than not Organs of State find themselves as cited Defendants in personal injury claims stretching from public liability to unlawful arrest and detention. If an Organ of State is indeed identified as being your nominated Defendant it is important to note that the first step in instituting action does not merely entail the issuing and service of summons. Section 3(1)(a) of The...
by Honey-AdminLodgement of a claim against the Road Accident Fund
15 October 2020 | Lize-Mari Viljoen The procedure to lodge a claim for compensation against the Road Accident Fund is set out in Section 24 of the Road Accident Fund Act 56 of 1996 (as amended) (hereinafter referred to as “the Act”). Submitting the claim documents: The prescribed RAF 1 claim form together with all the relevant documentation must be delivered by hand or sent by...
by Honey-AdminMediation in litigation
As a point of departure Mediation, in short, is a process whereby a neutral and independent person assists parties to discuss the matter at hand, agree on issues in dispute and ultimately attempts to have the parties reach agreement and resolve the dispute between them. It is important to note that the Mediator is not an adjudicator, nor an advisor and simply facilitates the process between...
by Honey-AdminAppointment of a curator
The appointment a curator (from Latin: cura, meaning “to take care”) has become a more regular occurrence in our Courts, especially taking into account, the proliferation in the number of motor vehicle collisions, resulting in the personal injuries and the subsequent mental incapacity of such persons. Therefore, the need for a person appointed by court, to care for the interdicted person or...by Honey-AdminPrescription periods applicable to claims against the Road Accident Fund
Prescription is when a debt arising from a cause of action is extinguished after a determined period of time has elapsed. It is regulated by the Prescription Act 68 of 1969 and starts to run on the day that the debt becomes legally due to be paid. The general prescription period applicable in most cases run for a period of three years. The prescription periods in relation to Road Accident Fund...
by Honey-AdminDoes your body corporate have a 10 year maintenance plan?
On 7 October 2016, the new Sectional Titles Scheme Management Act of 2011 (better known as “STSMA”) come into operation and changed a lot of things in the conveyancing industry. Due to this new legislation, a body corporate are now compelled to make provision for a reserve fund on an ongoing basis over a period of 10 years. This means that this reserve fund is a second additional...
by Honey-AdminIs the Living Annuity part of the Estate for purposes of calculating an accrual?
4 September 2020 | SR Mokhele A Living Annuity is a financial product that pays you a regular income. You can choose between two types of annuities: a Guaranteed Annuity or a Living Annuity. As member of a pension, pension preservation or Retirement Annuity fund, you must use at least two-thirds of your fund proceeds AT RETIREMENT to purchase an annuity. The annuity contracts state...
by Honey-AdminThe pitfalls of not having a will or having a will that has not been drafted by an attorney
17 September 2020 | Marili Orffer To date we have received many estates where the deceased did not have a will or had a will, but the will was either invalid or impossible to administer due to the lack of legal expertise in the will drafting process. Some of the dangers of not having a will: The intestate law of succession One of the most common reasons for having a will is to...
by Honey-AdminBusiness rescue & suretyship in 2020
7 July 2020 | Stacy Saffy Due to the COVID-19 pandemic, there is no doubt that the pandemic will leave an enduring impact on businesses worldwide. The quick spread of the illness, which forced South Africa to impose a nationwide lockdown has forced businesses to take a more practical approach to minimise losses and ensure their survival. The success or failure of these...
by Honey-Admin