MP Maseko Attorneys Inc

27/09/2018

6 Yrs and still counting.

08/08/2017

S v le Grange

it was stressed that it is essential that a judicial officer who presides should not ask questions during the trial in a manner that does not subjectively and objectively demonstrates his impartiality:

'It must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial. The integrity of the justice system is anchored in the impartiality of the judiciary. As a matter of policy it is important that the public should have confidence in the courts.

06/03/2017

CHANGE OF ADDRESS

01/03/2017

CONSTRUCTIVE DISMISAL -

Also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment.

18/02/2017

ss 57 and 57A: ADMISSION of GUILTY & PAYMENT OF A FINE

Section 57 of the Criminal Procedure Act provides for the payment of a so-called ‘admission of guilt fine’ prior to any court appearance, whereas s 57A deals with the payment of such fines after court appearance but before an accused has pleaded. See s 57A(1) and S v Mafukidzi 2015 JDR 0466 (GP). In this case the review court was requested to set aside plea proceedings so that the payment of an admission of guilt fine after a plea could be considered regular. The review court refused to do so. It was stated that only an irregularity could be corrected on review—and the only irregularity was the acceptance of the fine in breach of the provisions of s57A(1). At [7.3] Bertelsmann J (Preller J concurring) made the following order: ‘The trial proceedings that commenced with the accused’s plea of not guilty must be concluded in accordance with the provisions of the Criminal Procedure Act ...’.

16/11/2016

17/10/2016

IS IT ILLEGAL FOR PASSENGERS TO CONSUME ALCOHOL IN A MOTOR VEHICLE WHILE IT IS BEING DRIVEN ON A PUBLIC ROAD?

At present, the question of passengers drinking whilst being transported is not covered in the National Road Traffic legislation. It is not a problem per se for passengers to drink while being transported; the problem sits with the sober driver who is entrusted with taking care of his passengers while travelling. For example, the driver needs to ensure passengers do not hang out of the moving vehicle as in this case the driver could be prosecuted.

However, passengers must bear in mind that they may be charged for drinking in public in terms of national legislation. Section 154(1)(c) of the Liquor Act 27 of 1989 provides that a person who is drunk in or near:

any road, street, lane, thoroughfare, square, park or market;bany ship, warehouse or public garage; shall be guilty of an offence and may be prosecuted accordingly.

27/09/2016

been 3 years already... with all the challenged the business is still growin....

happy birthday to my smallanyana empire...

31/08/2016

AN AGENT IS NOT ALWAYS AN EXECUTOR.... SO AN AGENT CANNOT BE SUBJECTED TO AN EXECUTOR'S FEE.

03/08/2016

THE IN DUPLUM RULE

The in duplum rule states that unpaid interest on a money debt owing ceases to accumulate once it reaches the amount of the capital sum. In other words, the aggregate debt (capital plus interest) cannot exceed double the capital amount. The in duplum rule does not apply only to borrowed money, but to all debts (including judgement debts) arising from a capital amount that is owed.