Remember
to set the table for one extra (sometimes uninvited) guest that hangs out at your
family home. Yes, it is important to have a basic understanding of the law,
as it is with us wherever we go. Let’s
have a look at a few Family, Civil, Criminal and Labour Law examples at home to
put things into perspective.
1.
The irritating neighbours. Your neighbour has the right to the use and enjoyment of
his/ her property. This, however, does not mean he can start a band and cause
widespread upset by his 2am practise sessions. Neighbour law is based on
reasonableness and tries to find a balance between opposing property rights.
Your neighbour may therefore only use and enjoy his property to the extent that
it does not infringe YOUR right to use and enjoy YOUR property. Remember that
one cannot be oversensitive and all factors are taken into account when you
apply for an interdict against your neighbour. An interdict can force someone to do something,
prohibit someone from doing something or force someone to continue doing
something.
2.
That new faulty washing machine. The
Consumer Protection Act awards goods an implied warranty of 6 months. According
to section 56 of the Act, a Consumer may ask for a repair/ replacement or
refund at no cost to the consumer should a defect occur within the first 6
months. Where to complain: contact your hero or contact
complaints@thencc.org.za.
3. School fees. Previously
schools could only sue the custodian parent (parent with whom the child stays)
for arrear school fees. Only after the Supreme Court of Appeal ruling in Fish
Hoek Primary School v GW 2010, can the other biological parent be
held liable for arrear school fees. How to claim an increase in child
maintenance: contact your hero or visit the Maintenance Division of the
Magistrate’s Court and ask for the relevant forms.
4. Aging
parents. It
is true that an aging parent can claim maintenance from his/ her independent
children. The parents would have to prove their expenses, that they are unable
to support themselves and that the child is in a position to support his/her
parent. How to claim: contact your hero or visit the Maintenance Division of
the Magistrate’s Court and ask for the relevant forms.
5.
Domestic workers. A Domestic Worker MUST be
provided with an employment contract and a pay slip. The employer must safe
keep pay slips for THREE years. Impermissible deductions from your Domestic
Worker’s pay include damages caused by ironing, meals provided during working
time and crockery/ electrical appliances breakages. Noncompliance: the
Department of Labour can send an Investigating Officer to your home and you may
receive a fine. The matter could proceed to the Labour Court.
Yours faithfully,
Legal Hero
www.legalhero.co.za
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