My East Rand Family Law & Divorce Attorney

03/07/2019

🐾😻🐶Calling all our sup-paw-ters. 🐶😻🐾
Please help us, help them!

We are desperate to do the renovations to our nursery and sick room- especially as it’s now winter and we only have 1 tiny wall panel heater that works... sometimes ❄❄❄
Your donations will go towards repairing the drainage system 🌸adding extra warmth ☀ as well as security features in the kennels to make sure our little ones don’t get hurt🐶🐱. Paw-lease don’t forget to send proof of payment to [email protected] with your name and number so we can enter you into our thank you draw!

Feel free to come and on the 27th of July for a morning of fun fun fun we will have various activities that you can partake in to donate your 67 minutes for Madiba... we will also have spot prizes for our community members with the most gees... we will be selling awesome boerie rolls... and let’s not forget, we will have our fluffs and woofs who would love to get some extra puppy kitty love! 🐾😻🐶

See you there 😊

24/05/2019

The South African Law Reform Commission says ISPs can't police the internet on their own, and it is worth considering banning anyone giving kids internet-capable devices that aren't porn-blocked. But at least you probably won't have to use fingerprint authentication every time you want to see pornog...

24/05/2019

Happy Weekend Everyone!!! An interesting article for 2 reasons - 1) defamation in South Africa is built on a case by case basis as each case needs to be dealt within its own circumstances. This case tackles defamation where an allegation of being HIV positive is made. and 2) service in south Africa is usually done by a sheriff of the court. In this case, the court allowed service via Facebook and GMail. As a practitioner this is extremely exciting as it shows the courts are developing with technology! 20 years ago, it would be impossible to serve legal documents via email. What do you think?

Alleged office gossip that woman was “infected with the HIV virus” and spreading it because she was promiscuous, has forced ...

21/05/2019

Hahaha... with the winter chills getting the better of most of us... I thought we could all do with a good laugh! Hahaha! Happy Tuesday everyone!

20/05/2019

Anonymous: What can an employee do if his employer is making his life at work unbearable?
Answer: This is what we call constructive dismissal. Ie, the actions of the employer make it impossible for teh employment to continue and force the employee to resign. This falls under Section 186 (1) (e) of the Labour Relations Act. NB - BE CAREFUL - CONSTRUCTIVE DISMISSAL IS DIFFICULT TO PROVE AS THE EMPLOYEE WILL NEED TO SHOW THAT THERE WERE NO ALTERNATIVES. It is important that the employee first exhausts ALL of its internal HR processes. The onus to prove constructive dismissal is very high.

06/05/2019

Anonymous: I am transgender and I want to legally change my gender. Is this permitted in terms of South African Law?
Answer: Yes, it is. The Alteration of S*x Description and S*x Status Act 49 of 2003 states that one can apply to the Home Affairs to have their gender marker legally changed to reflect their authentic felt gender.

24/04/2019

Anonymous: When is a Landlord allowed to increase rent and by how much?
Answer: It is important to remember that a rental agreement is a contract at the end of the day. Therefore, contractual law would apply to assess or deal with any issues that arise from the agreement itself or the interpretation of same. Any change to the agreement must therefore be by agreement of both parties. So a landlord would need the consent of the tenant before they can impose a higher rental amount. BUT: in most cases, a rental agreement will have a clause stipulating that the rental will increase annually by a set amount or percentrage. In this case, the rental will automatically increase at that time specified in that clause should the agreement contain same.

15/04/2019

I know this is not family law related, but with the Long Easter Weekend coming up, I have been asked this question a few times:
Anonymous: Can I be arrested if I refuse to pull over for a police officer late at night in an area that I feel unsafe in?
Answer: This will always depend on the circumstances! There is a fine line between considering ones percieved danger vs an individual attempting to evade the police. If you feel unsafe at the time, call 10111 and inform the operator that you think a police officer is trying to pull you over and that you feel unsafe. Alternatively, if you are unable to call 10111, slow down as much as possible, put on your hazards and try and indicate with your arm that the officer must follow you. Then drive to the nearest police or petrol station where the officer may proceed with his inspection. Again, I urge all my readers to exercise extreme caution when faced with this scenario. Driving to the nearest petrol station could be seen as you evading the police and may result in additional charges being laid against you.