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Nico Herbst F.A. Arb (SA)

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Lourens Swart
Nico Herbst F.A. Arb (SA)

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Filter: Dispute resolution

11 June 2020

How far can Covid-19 be used to avoid meeting contractual obligations?

With the outbreak of the coronavirus and the resul...

June 2020

How far can Covid-19 be used to avoid meeting contractual obligations?

With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is the virus a valid excuse?

17 April 2020

Stopping your neighbour’s foul smells

About three years ago my neighbour started produci...

April 2020

Stopping your neighbour’s foul smells

About three years ago my neighbour started producing his own compost. Initially, the smell was bearable, but it appears that he has ramped up his composting and is bringing in manure as well. I suspect he is even selling or supplying to others. The smell has become unbearable and pervades our entire house and garden, even with the windows closed. We really can’t stand it anymore. I’ve asked my neighbour to stop but he just ignores us. Is there anything we can do?

19 February 2020

How to get out from debt review if your financial situation has changed

I was placed under debt review when I lost my job ...

February 2020

How to get out from debt review if your financial situation has changed

I was placed under debt review when I lost my job two years ago. I’m employed again and can now pay my debts and even look at getting credit again, but because I’m under debt review I cannot do so and my debt counsellor is refusing to issue me a clearance certificate. What are my options here?

19 February 2020

Can administrative authorities make up their own rules?

I recently discussed a certain tax approach applie...

February 2020

Can administrative authorities make up their own rules?

I recently discussed a certain tax approach applied by SARS with my auditors and they informed me that the approach applied by SARS comes from an Interpretation Note that SARS issued in respect of a specific section of the Value Added Tax Act. I was taken aback that SARS could interpret the law and apply it as they deem fit. Is this constitutional?

15 September 2019

How to get a protection order against your harassing ex

I have an ex who is harassing me in person and on ...

September 2019

How to get a protection order against your harassing ex

I have an ex who is harassing me in person and on social media after we broke up a few weeks ago. The more I make it clear to him that we are done the more aggressive he gets and the uglier comments he makes on social media. I’m really scared to go out and run into him and I am so ashamed of everything he is saying on social media. I want him to stop, but I don’t have the money to go and see a lawyer. Can you tell me what to do?

15 September 2019

What is the impact of an immediate resignation on pending disciplinary procedures?

We’re investigating a number of employees in...

September 2019

What is the impact of an immediate resignation on pending disciplinary procedures?

We’re investigating a number of employees in our company over the last few months and identified serious transgressions warranting disciplinary action. We instructed human resources to issue disciplinary notices to the relevant employees, following receipt of which three of the employees resigned with immediate effect. Despite their resignations, can or should we still proceed with disciplinary action against these employees now that they have resigned?

14 August 2019

Can I ignore the notice of demand if delivered at the wrong address?

I signed a personal guarantee for my company with ...

August 2019

Can I ignore the notice of demand if delivered at the wrong address?

I signed a personal guarantee for my company with a credit provider. The company has defaulted on payments and the credit provider now sent me a notice demanding payment under the guarantee. However, they sent it to the company office and not to my domicile address as contained in the guarantee agreement. Does this mean that the demand is not valid as it was not sent to the right address?

14 July 2019

Can you be arrested at a roadblock for outstanding traffic fines?

On my way on holiday the traffic police had a big ...

July 2019

Can you be arrested at a roadblock for outstanding traffic fines?

On my way on holiday the traffic police had a big roadblock where they appeared to be arresting people. I asked one of the traffic officers what was going on and he said they were arresting people for outstanding traffic fines. I pay my fines, so I have little sympathy for people that don’t, but I was still wondering what happens if you were to get arrested at such a roadblock and what you should do?

14 July 2019

The Labour Court or business rescue – who gets priority?

Myself and other co-workers have not received any ...

July 2019

The Labour Court or business rescue – who gets priority?

Myself and other co-workers have not received any salary for the last three months. Our employer has informed us salaries will not be paid as a moratorium has been placed on the company because it is under business rescue. Surely our employment rights are being infringed. Can we not take the employer to the CCMA to force the employer to have to pay our salaries?

14 July 2019

How to get rid of a delinquent director in your business

My brother, sister and I are the directors of our ...

July 2019

How to get rid of a delinquent director in your business

My brother, sister and I are the directors of our family company. My brother has never been one to live frugally and is continually spending the company’s funds and using company property for his personal benefit. It’s gotten so bad lately that we may lose the company if my sister and I don’t put a stop to it. We’ve discussed it with him, but all he says is that he is also a director and entitled to do what he is doing. What can we do to stop him?

14 July 2019

To Court or to the Community Ombud?

I made some minor amendments to the outside of my ...

July 2019

To Court or to the Community Ombud?

I made some minor amendments to the outside of my sectional title unit without the consent of the Body Corporate because I wasn’t aware that I needed to get their consent. They have now informed me that if I don’t remove the amendments they will take me to court. I really feel that we can discuss the amendments as they were rather minor but the Body Corporate flatly refuses to even have a discussion and I don’t have money to go fight the issue in court. What options do I have?

07 June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beau...

June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beautiful common property areas. The last year or two though, owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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