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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2018-12-21

General Legal Tips: 102

MARRIAGE CONTRACT: Before you get married, go to an attorney and get your own independent legal advice regarding what type of marital system will be most suited to your needs. Even if your partner is insistent on having a particular type of marital system in place, for example an ANC without accrual, it's still worth getting advice as to how best to protect you in the event the marriage ends. You could perhaps negotiate for your partner to give you certain assets that would balance the scale a little more evenly. Don't leave this important decision to the last moment, it could have a lasting and possibly negative repercussions later on for you.

MAINTENANCE AND CONTACT TO MINOR CHILDREN: Parents who are battling with their ex about non-payment of maintenance and the ex's failure to meet that obligation, often try to prevent the defaulting parent the right to have contact to the children. These two rights and responsibilities are not linked. The law says a parent should not be deprived of his or her rights to exercise contact with the children, even if they have not paid maintenance for that child.

POLYGRAGH TESTS IN WORKPLACE: Employers sometimes insist on the employees undergoing a polygraph test in instances where there has been some dishonesty alleged. However, our law is not clearly defined when it comes to the use of polygraph tests. It's worth noting that according to our constitution, no person is allowed to undergo a polygraph test, unless they consent in writing to it. You can only terminate a person's employment contract if there are other corroborating evidence, apart from the result of the polygraph test, to support of the termination.

AGREEMENTS/CONTRACTS: Be careful of what you have committed verbally to undertake to do. There's often a misconception that only a written agreement is binding. An agreement does not only have to be in writing for it to be valid. Oral agreements are just binding, it's just more difficult to prove.

SOCIAL MEDIA DEFAMATION: Take a deep breath before pressing the "send" button if you have vented on social media. Be careful of what you post, tag or respond to on any social media platforms. You could face a defamation claim for damages if your post is false, defamatory and insulting of another person.

SECTIONAL TITLE DISPUTES: Living in a sectional title complex means that you may face disputes with your body corporate, for example, around issue of having pets, damage to the property etc. When it comes to damage claims the rule is that the body corporate is responsible all the common property and the sectional title owner is responsible for the section belonging to him. On the issue of pets, you need written consent from the Trustees of the Body Corporate. The Sectional Title Act and Regulations govern the rules for people who live in in these types of housing developments. Any dispute could also be submitted to the Community Scheme Ombudsman Service (CSOS) for the Ombud to consider and make a finding.

Know your rights! The Law Desk of Fawzia Khan and Associates. Giving YOU the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031 - 502 5670 for legal assistance at competitive rates.