Luitingh and Associates

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Luitingh and Associates

Trusted Legal Support for Life’s Defining Moments. We simplify decisions, protect your interests, and help you move forward with confidence.

04/09/2026

Parental leave in South Africa has changed. 👶

Following the Constitutional Court’s Van Wyk ruling:

→ 4 months + 10 days: Parents now share the total leave between them as they choose.

→ Equal treatment: Biological, adoptive and commissioning parents are treated equally.

→ Shared parenting: The law now recognises each family’s choice in how caregiving is shared.

→ Adoption leave: The two-year age cap was ruled unconstitutional, but remains in place while Parliament amends the law, due by around October 2028.

Workplace parental leave policies should also reflect the ruling.

Need legal guidance?
📧 [email protected]
📞 (021) 686-3452

Shared for general information only.

26/08/2026

🚨 True or false: you can be arrested just for speeding?

⚠︎ False. Speeding and reckless driving are two different charges. Speeding just needs proof you exceeded the limit, and usually means a fine. Reckless driving needs proof of danger to people or property, and can mean a criminal charge in court.

⚠︎ True or false: officers can stop you from filming a traffic stop?

False. There's no law in South Africa that stops you from recording an officer during a stop, as long as you don't interfere with their duties. That footage can also become useful evidence if the stop is ever disputed.

⚠︎ True or false: every fine has to be paid on the spot?

False. If something about a fine doesn't add up, you're not obligated to simply pay it. There are formal channels to dispute it before you accept any liability.

What's your biggest question about traffic law in South Africa?

Get in touch for legal guidance:
📧 [email protected]
📞 (021) 686-3452

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Shared for general information only. Not legal advice.

19/08/2026

Traffic fines: safety measure or a way for the city to raise revenue? 🚦

The stats tell two different stories.

▸ One review found visible enforcement backed by evidence can cut fatal and serious crashes by up to 44% around high-risk cameras.

▸ A 2025 Cape Town poll found 92% of respondents believe fines are mainly about raising revenue, not protecting motorists.

That gap in perception is part of the problem: when drivers don't trust why they're being fined, enforcement rarely changes behaviour.

What are your thoughts?

12/08/2026

🚓 A traffic stop doesn't always give an officer the right to search your car.

Whether you can say no depends on how they're asking, and what legal basis they actually have.

We've broken down the four most common scenarios, and where you stand in each.

Not sure if a search you went through was lawful? We can help you find out.
📧 [email protected]
📞 (021) 686-3452

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Shared for general information only. Not legal advice.

06/08/2026

🚦 A new demerit points system could affect your driving in South Africa.

AARTO fines and infringement notices are already live in 62 municipalities (Western Cape not yet included). Demerit points are next, expected in 2027, though no date has been confirmed yet.

Here's what to know once it's active:

▸ 15 points triggers a licence suspension
▸ 3 months suspension for every point over that threshold
▸ 1 point clears automatically after 3 months with a clean record

Know your rights, before you need them.

Need legal guidance?
📧 [email protected]
📞 (021) 686-3452

—
Shared for general information only. Not legal advice.

29/07/2026

Can your employer fire you for something you posted on social media?

In some cases, yes.

An employer may take disciplinary action if a post:
• Discriminates against or harasses others
• Shares confidential information
• Targets colleagues or clients
• Breaches workplace policies

Posts made outside of work can still have workplace consequences if they identify your employer or damage its reputation.

Whether a dismissal is fair will depend on the content of the post, its impact and the surrounding circumstances. Not every controversial post justifies dismissal.

If you're unsure about your rights as an employee or employer, it's best to get legal advice before taking action.

📧 [email protected]
📞 (021) 686-3452

23/07/2026

Screenshots, saved messages and call recordings... 📞

Technology is changing how we keep track of the facts.

We've seen it all:

A contractor denies agreeing to a completion date. A business partner admits to a missed payment. A service provider promises a refund.

Can a phone call recording help?

In many cases, yes.

If you're part of the conversation, you can generally record it without informing the other person. However, you generally cannot record a conversation between other people if you are not a participant and do not have the necessary consent or authority.

But being allowed to make a recording doesn't automatically mean it can be used as evidence in court. Whether it's admissible depends on factors such as its relevance, authenticity and how it was obtained.

If you're unsure about your rights or whether a recording can be relied on in legal proceedings, seek legal advice.

20/07/2026

⚽ Sports tours. 🏕️ Holiday programmes. 🏫 School trips.

Many school holiday activities ask parents to sign an indemnity form. But signing one does not automatically mean you can't claim if your child is injured.

Whether an indemnity protects a school, coach or organiser depends on the circumstances.

An indemnity may not apply where there has been negligence, for example:
• Inadequate supervision
• Ignored safety procedures
• Failure to manage known risks

Legal outcomes can also depend on:
• The wording of the indemnity form
• Whether its terms were clearly explained
• The circumstances surrounding the incident

Every situation is different, and while an indemnity may be valid, it doesn't always prevent a legal claim.

If you're unsure about your rights after an injury, it's worth getting legal advice before assuming the indemnity form is the final word.

📧 [email protected]
📞 (021) 686-3452

15/07/2026

🌧️ Storm damage. Who pays for the repairs: landlord or tenant?

After heavy rain or strong winds, responsibility isn't always straightforward and will depend on several factors.

As a general guide:

🏠 If you're renting
Your landlord is generally responsible for ensuring the property is reasonably fit for habitation, including:
• Roof leaks
• Storm damage to the building
• Structural repairs

🔑 If you own the property
These repairs are generally your responsibility, including:
• Roof leaks
• Storm damage to the building
• Structural repairs

If your property has been damaged:
• Take photos and videos
• Keep records of all damage
• Save all communication
• Check your insurance policy

Every situation is different. Responsibility can depend on factors such as what caused the damage, the terms of your lease, and whether insurance applies. Before arranging repairs, withholding payment or making a claim, it's worth seeking legal advice.

Need legal guidance?
📧 [email protected]
📞 (021) 686-3452

30/06/2026

We’re grateful for the trust our clients have placed in us over decades of practice.

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Need legal guidance?
Get in touch.
📧 [email protected]
📞 (021) 686-3452

Address

Austwick Avenue Rondebosch
Cape Town

Telephone

+27828079467

Website

https://luitingh.com/

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