Parliamentary sittings are hardly ever polite and orderly and this year’s State of the Nation Address (“SONA”) was no exception. In light of the events immediately preceding President Jacob Zuma’s speech, the question that needs to be canvassed is whether the derogatory statements made by certain members of Parliament is allowed in terms of the Constitution of the Republic of South Africa and the rules of Parliament. I am also going to discuss the scope of the Speaker’s power to order the physical removal of members of the Economic Freedom Fighters (“EFF”).

The nuclear deal with Russia is at the heart of the state capture controversy. Its estimated cost of over a trillion rand, a similar size to the government’s annual budget, is unaffordable.

A non-member spouse to divorce proceedings, is entitled to claim 50% of his or her spouse’s pension interest. This is by virtue of the deeming provision of section 7 of the Divorce Act 70 of 1970 (the Divorce Act) which states:

in the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall, subject to paragraphs (b) and (c), be deemed to be part of his assets.

By: Bradley Ravens; director at TNK Attorneys

We have reached the end of yet another year, and the mood is festive. Everyone is focused on buying presents and going away for the festive season. This is also the opportune time for those with criminal intent to strike, especially against the unsuspecting customer.

A Public Benefit Organisation (hereinafter referred to as “PBO”) is best described as an organisation which operates for the benefit of the general public. In order for your amateur sports club to qualify as a PBO, its primary objective has to be one or more of those provided for in Part I of the Ninth Schedule of the IncomeTax Act 58 of 1962 (hereinafter referred to as “the Act”). Sport is one of the listed public benefit activities.

The City of Cape Town’s Council today, 28 October 2015, adopted a game-changing policy for the transformation of the minibus-taxi industry. This model intends to breathe new life into the industry by making available immediate business opportunities to shareholders in taxi operating companies, while also improving the service rendered to commuters in general.

You have property and have rented it out. The tenant has decided that he can no longer afford the rent, and no letters or threats seem to make any difference to this cause. The tenant not only refuses to pay the rent, but he also fails to vacate the property.

To put icing on the cake, the law provides more protection to the tenant than ever before. It comes as no surprise that landlords feel that the current legislation enables the tenant to avoid paying rent and also offers much more protection to tenants; interests and rights than to those of the landlord.

By: Bradley Ravens, Director at TNK Attorneys

What is FICA?

Some of the need to know facts in the event of a third party claim against the RAF.

The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the event of any motor vehicle accident which caused either injuries or death, and for the losses suffered thereby, such as medical expenses, loss of earnings and even general damages (damages for pain and suffering).

The purpose of the Consumer Protection Act 68 of 2008 (“the Act”) is to protect consumers against unconscionable, unfair, unjust, improper trade practises, deceptive, misleading, unfair or fraudulent conduct and to ensure amongst other things a consumer market that is fair, accessible, efficient for the benefit of the consumer.