Double Rate on Public Holidays

Good morning and a very Merry Christmas from all at Legal Hero!

Today is also a public holiday, which should make you smile, even if you don't believe in Christmas.

Hats off to all working today, for whom this cartoon comes specially wrapped.

Wishing you and your loved ones a blessed day,

Legal Hero

www.legalhero.co.za

NOTES

Please have a look at the Basic Conditions of Employment Act for further reading (section 18 in particular).

Not all employees are covered by the Basic Conditions of Employment Act. Members of the National Defence Force, the National Intelligence Agency, the South African Secret Service, employees earning a gross salary of more than R172 000 per year, unpaid voluntary employees who do work for a charitable organisation, etc. are excluded.

Paternity Testing and the Presumption

www.legalhero.co.za 

Minors traveling abroad as of the 1st of June 2015

This is a must-read for parents of minor children. Note that a minor is a child under the age of 18.

As of the 1^st of June 2015, children are required to present certain documentation when traveling abroad, failing which the minor/s will be denied boarding. 

Become a policyholder today! Call 0861 22 99 22 and select option 1 OR join online. www.legalhero.co.za. 

Question received via freeadvice@legalhero.co.za - Illegal Eviction

Please note that readers may direct questions to freeadvice@legalhero.co.za. In our sole discretion, four questions will be answered each month via Facebook update - the reader’s identity will be protected. It is our way of giving back and saying thank you for your loyal support.

  

Our first question really shocked us. We hope that this answer sheds some light on how to deal with some of the issues lessees (persons who rent apartments/ houses) unfortunately face on a daily basis.

Question and photo received:

“My 'landlord' never told the owner of the house that im renting the granny flat next to the house and she showed up and thew all my stuff out on street. Yes it's illegal I know, but the police cant do anything and the tribunal council wants me to come see them in town whilst evetything is lying outside. Anyone have a solution? No I didnt receive notice or any documentation regarding the illegal surprize eviction. Anyone want to help please?”

Reply:

Section 26(3) of our Constitution: “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”

The disgraceful act of the owner was therefore illegal, as correctly pointed out by Ms X. One understands Ms X’s frustration, as the Rental and Housing Tribunal (RHT)’s mediation of the dispute could take a while to resolve (often up to three months) and the question is… what happens to Ms X and her personal belongings in the meantime?! 

Luckily the RHT is in a position to grant Ms X an interdict. An interdict orders someone to act in a certain way (either to do something or not to do something). In this case it will order the owner NOT to evict Ms X and not to throw out her personal belongings. This interdict will be valid for three months pending the outcome of the mediation session and the good news is that Ms X will be able to apply for an extension of this interdict after the expiry of the three months (should the matter remain unresolved). Once the interdict is granted, the Police WILL be in a position to assist should the owner of the property disregard the terms of the interdict.

As for Ms X’s personal belongings, we advise that Ms X tries to safely store her personal belongings with a friend or a facility – at the owner’s expense of course! Should any of her personal belongings be harmed or go missing during the time it was outside, and Ms X can prove same, Ms X also has a claim for damages against the owner of the property.

In Afrikaans there is a maxim ‘‘huur gaat voor koop’ which means that lessees may complete the term of their lease agreement regardless of a new owner/ lessor.

Note that the RHT is a free service available to all lessees and you can locate the provincial office closest to you by contacting 011 355 4000. You may notify the RHT of a dispute you have with your lessor/ landlord by completing and submitting a RHT complaint form. A file will then be opened and a case number assigned. Both parties (the lessee and lessor/ landlord) will receive the date, time and place of the mediation session that follows.

We wish you all the best and hope that you found this article useful. 

Kind Regards,

Legal Hero.

TV License Fees NEVER Prescribe

Did you know? Fees owing to the SABC in terms of your TV license NEVER prescribe/ become invalid! This is significant as most debts may prescribe after 3, 6, 15 or 30 years. 

In terms of the Broadcasting Act and Television License Regulations, licenses are payable in advance and unpaid license fees will NOT constitute debt. Therefore neither the National Credit Act nor the Prescription Act applies. 

www.legalhero.co.za. 

Mission statement

Legal Hero steps up to secure justice in an uncertain world where legal threats are likely, skills are scarce and only a minority can afford the law. Determined to leave this world a better place, Legal Hero endeavours to not only provide quality legal assistance at an affordable monthly premium, but also legal education, so that everyone, in time, may become their own hero.

When a Network Provider Disappoints

www.legalhero.co.za / 0861 22 99 22

Respect my dignity

Note: also often referred to as 'crimen injuria.'

Unlawful Deductions - Labour / Salary

Mission statement

Legal Hero steps up to secure justice in an uncertain world where legal threats are likely, skills are scarce and only a minority can afford the law. Determined to leave this world a better place, Legal Hero endeavours to not only provide quality legal assistance at an affordable monthly premium, but also legal education, so that everyone, in time, may become their own hero.

www.legalhero.co.za 

One of life's villains: being dismissed/ retrenched

It’s a nasty feeling, especially if you have reason to believe that the dismissal was unfair. Did you know that about 100 000 cases were referred to the CCMA last year? Legal Hero saves the day by arranging CCMA/ Labour court representation for its policyholders (no excess fees when claiming).

Free tips:

• An unfair dismissal must be referred to the CCMA within 30 days.
• The CCMA procedure entails two 'hearings:'

a)      Conciliation (where no legal representation is allowed and the presiding officer only makes suggestions);

b)      Arbitration (legal representation is allowed and the arbitrator makes a binding order).

• For a dismissal to be fair, it must be both substantively and procedurally fair. Substantive fairness means that a valid reason was proved by your boss (misconduct, incapacity or operational requirements). Procedural fairness means that a fair procedure was followed (warnings, disciplinary hearing, etc.).
• At a disciplinary hearing, the employee has the right to:

a)      Be present (the employee needs to provide the employer with a reasonable excuse for postponement);

b)      Bring his/her own witnesses;

c)       Request an interpreter;

d)      Not have the person with whom there is conflict chair the hearing;

e)      Question and cross-examine the witnesses relied on by the employer;

f)       Make reference to mitigating factors (first offence, apology, only breadwinner, years of loyal service to the employer, etc.).

• If you have been retrenched, you may visit the CCMA for conciliation (no binding order) but the matter may proceed to the Labour Court for a binding order.
• A dismissal is automatically unfair if it is due to discrimination on race, sex, religion, etc. Similar to retrenchments, one may approach the CCMA BUT for a binding order the matter must proceed to the Labour Court.
• Unlawful deductions from your salary by your employer OR outstanding salaries must be referred to the Department of Labour in your area (and not the CCMA). 

Knowledge is power. 

Legal Hero

www.legalhero.co.za 

Mission statement

Legal Hero steps up to secure justice in an uncertain world where legal threats are likely, skills are scarce and only a minority can afford the law. Determined to leave this world a better place, Legal Hero endeavours to not only provide quality legal assistance at an affordable monthly premium, but also legal education, so that everyone, in time, may become their own hero.

Legal Hero Recruitment

Don’t settle for a job. Build a career. Do you think you have what it takes to be a hero?

Legal Hero Business is on the lookout for dynamic and reliable direct marketers to promote Legal Hero's legal cost insurance policies! 

• Area: Cape Town, Southern and Northern Suburbs;
• Hours: Flexi (includes traveling – preferably be in possession of a valid driver's license with access to a vehicle);
• Qualification: Matric (marketing background/ previous sales experience will be an advantage);
• Available: 1 November 2014. 

Successful applicants will receive extensive sales training, enabling him/ her to earn promising on-going monthly annuity. 

Kindly submit your CV to ebenv@legalhero.co.za on or before the 25th of October 2014.

www.legalhero.co.za

Debts have expiry dates too

Similar to the sell by dates found on your milk carton, debts have expiry dates too! This is for legal certainty and to protect debtors against old and inflated debts.

A creditor only has 3 years’ time to institute legal action against a debtor (since the last date of payment/ acknowledgment of debt). After the 3 year period the debtor may raise the special defence of prescription in court.

To avoid the debt’s ‘expiry date’ the creditor needs to:
a) convince the debtor to acknowledge the debt or make a payment towards the debt (this will cause the 3 year period to start running afresh) OR
b) take the matter to court before the ‘expiry date’ to request a judgment against the debtor (as a judgment debt is binding/ lasts for 30 years!).

We often see creditors take advantage of the debtor’s ignorance and demand immediate payment when in actual fact the debtor is able to raise the special defence of prescription in court. Technically only a court can confirm your special defence of prescription, however, most creditors will stop calling/ sending legal letters once you have correctly pointed out prescription. Should the creditors still decide to take you to court, remember to ask for a cost order against them (meaning that they should be held liable for your legal fees should your defence succeed).

Very important is that the defence of prescription is not something the magistrate/judge will bring up in court on behalf of the debtor. If you are unaware of this special defence, chances are you will end up with a court judgment against your name.

Please note that debts owed to the State in terms of taxation and/or levies are different and only prescribe in 30 years’ time (without the State having to go to court to obtain judgment against you). This means that the State has a full 30 years to claim from you debts resulting from municipal bills, TV licences and traffic fines.

Knowledge is power.  

Legal Hero.

www.legalhero.co.za

Legal Hero endeavours to not only provide quality legal assistance at an affordable monthly premium, but also legal education, so that everyone, in time, may become their own hero.

Legal Cost Insurance in South Africa

Statistics relating to the insurance spread in South Africa reveal that funeral policies, life cover, medical aid and vehicle insurance have widely been accepted as essential financial products within the insurance market. Legal cost insurance however has the smallest infiltration and many South Africans continue to perceive legal cost insurance as a luxury.

This is a regrettable misconception as the target group LSM 4 – 10, earning between about R2 829 and R30 323 a month, usually have the greatest need for legal assistance in an unfortunate economy where limited state resources are available. The income threshold for Legal Aid (legal assistance free of charge) stands at an income of less than R5 500 per month after tax has been deducted. If you form part of a household, you and the other members of the household need to earn a combined income of less than R6 000 per month after tax has been deducted in order to qualify for Legal Aid.

Falling outside the qualifying parameters for free Legal Aid (and bearing in mind that Legal Aid does not cover labour and certain family law cases), a few LSM groups are left in dire need of a legal hero.  

Without legal cost insurance the costs associated with a private legal professional may total in excess of hundreds of thousands, including a hefty consultation fee, deposit and billing per document/hour. With Legal Hero there are no excess fees when claiming and in return for an affordable monthly premium, policyholders are covered with up to R200 000 in annual litigation fees. Legal Hero policyholders furthermore enjoy basic legal advice, contracts, out of court negotiation (saving you time), accidental death cover and a family protection plan (family legally protected for 12 months after your passing). 

You cannot choose life’s battles and lawsuits, but you can choose your hero. Rewrite your story; choose Legal Hero for quality legal protection.

www.legalhero.co.za