Martin Law Inc

16/09/2024

27/01/2023

CV FRAUD!!

The “graduate” who forged a B.Sc degree

An employee was found to have been employed, and to have been accepted into his employer’s graduate development programme, on the basis of forged qualifications in the form of a forged B.Sc degree (in Chemical Engineering) and a falsified academic record.

His fraud was only discovered after some 8 years, and when he resigned (after disciplinary proceedings against him began) his employer reclaimed the +R2.2m it had paid him over the years.

The employee objected, claiming that he had provided value to his employer in his work. The Court was unimpressed, no doubt at least in part because of the employer’s evidence that, as it was a bulk supplier of water to millions of people, having an unqualified person working for it (performing calculations on the type and quantity of chemicals to be added to the water) “could potentially have incredibly serious consequences for the general populace.”

“Fraud unravels everything” – goodbye R2.2m and a pension fund

Held the Court (quoting from a well-known English case on fraud): “No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything.” (Emphasis added)

The employee, said the Court, “set out to deceive and wove his web accordingly. He achieved his goal. He has now become entangled in a web that he alone devised and cannot now be heard to complain of the consequences that must follow.”

Not only must he now repay every cent of the R2,203,565.04 he earned through his fraud, plus interest, but his pension benefits (which are normally secure from creditor claims) can be used for the purpose. To rub a final dose of salt into his wounds, he must also pay legal costs on the punitive attorney and client scale – no doubt the Court’s findings as to his untruthfulness as a witness contributing to that result.

04/03/2022

Did you know? A child who is conceived before a deceased person’s death may inherit from the estate of the deceased in terms of testate (a Will was left) or intestate (a Will was not left) succession. This principle is called the nasciturus fiction.

There are three requirements for an unborn child to inherit, namely:
1. The unborn child must be legally entitled to inherit.
2. The benefit to the unborn child must accrue after the child is conceived.
3. The child must subsequently be born alive.

Contact us on 031 266 1588 for more information on estate planning to ensure that your loved ones are provided for after you are gone.

25/02/2022

With the month nearing its end, perhaps your wallet is feeling rather empty. If someone owes you money or you have done work but not been paid, we are here to help lighten your burden!

We specialize in debt collection and make use of a variety of legal procedures to retrieve your hard-earned money from debtors.

Contact us on 031 266 1588 today to begin collecting money owed to you!

18/02/2022

With the increased use of technology in business transactions, there has been a rapid increase in cybercrime and electronic fraud.

Be alert and sceptical when sending or receiving emails containing bank details. As an extra precaution, always phone or directly message the recipient confirming bank details.

If you are unsure whether communication has come from our office, or would like to request bank details, phone our office on 031 266 1588.

11/02/2022

Happy birthday to the captain of our ship, Andrew Martin! 🎉🎉

04/02/2022

With the month of love in progress, we are offering a whopping 50% off on the drafting of an ante-nuptial contract!

Our notary will draft your ante-nuptial contract based on your specific circumstances and future plans.

Make use of this offer as it is only valid until 28 February 2022.

Contact 031 266 1588 or [email protected] to arrange a consultation.

28/01/2022

Dear Clients and Followers,

With the month of love approaching, you may be contemplating getting engaged or married. Marriage is a major life decision with lasting legal consequences, which may seem overwhelming and complicated. Never fear, we are here to help you!

We offer advice on the different marital regimes and can draft your ante-nuptial contract. This contract will be prepared based on your individual circumstances and future plans.

Perhaps you do not intend on getting married, either now or in the future, but are in a long-term relationship or life partnership. In this instance, we can draft a co-habitation agreement to protect your interests during your relationship.

No matter your stage of life, we are able to provide first class cost-effective and importantly, understandable solutions for you.

Contact us on 031 266 1588 or [email protected] to arrange a consultation.

13/12/2021

Kindly note our office will close on 15 December 2021 and re-open on 10 January 2022 for the festive season. We wish you all a safe and wonderful holiday. Best wishes, the Martin Law Team

04/11/2021

Dear Clients and Followers,

Happy Diwali from the Martin Law team!

We wish you and your families a special and blessed celebration 🎊🎉

27/09/2021

Dear Clients and Followers,

"For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed. It has allowed people to exercise their right to freedom of expression on a public platform amongst like-minded people".

This is an extract from the below article about the freedom and potential liability involved in posting on social media.

The article was written by Thandazile Makasi, Candidate Attorney at SchoemanLaw Inc.

Click on the image below to read the full article:

Social media has allowed people to exercise their right to freedom of expression on a public platform amongst like-minded people.