Kemp & Associates Header

Exercising your right to retention current

Exercising your right to retention

“My friend borrowed my motor vehicle and damaged it. She took it to the repair shop and undertook to pay for the repair cost. A couple of weeks later my friend is nowhere to be found and has not paid the repair cost of my motor vehicle. The repair shop does not want to return my motor vehicle until the repair cost has been paid in full. What do I do?”

Live Demo

Read more ...

How enforceable is a restraint of trade agreement? current

How enforceable is a restraint of trade agreement?

Majority of employment contracts in South Africa contain a restraint of trade clause. A restraint of trade clause only becomes important at the end of an employment contract. Therefore, it is important that the employer and employee have a full understanding of the clause and the implications thereof.

Live Demo

Read more ...

Estate Agents Beware

Estate Agents Beware

The activities of estate agents are regulated in terms of the provisions of the Estate Agency Affairs Act No. 112 of 1976 ("the Act"). The primary goal of the Act is to regulate the activities of estate agents in the public interest. Implicit in this goal is the protection of members of the public against the activities of unconscionable estate agents. One of the key features of the Act is the establishment of the Estate Agency Affairs Board and the Estate Agents Fidelity Fund.

Live Demo

Read more ...

Section 28 and The Sentencing of Primary Caregivers

Section 28 and The Sentencing of Primary Caregivers

Sentencing has always been a burdensome task for the courts of South Africa. Fortunately this task has been made easier through the application of the Zinn triad approach which was formulated by the Constitutional Court in S v Zinn 1969 (2) SA 537 (A). However, the challenge of deciding on a punishment that fits the crime is only made more difficult...

Live Demo

Read more ...

When an employee is injured on duty – an employer perspective hot

When an employee is injured on duty – an employer perspective

Ten Million One Hundred and Seventy Two Thousand. More or less. This is the number of people in South Africa currently engaged in some form of employment. That’s some ten million people who wake up in the morning and go to work (or work through the night) and who, during the course of that day, often risk sustaining injuries or contracting diseases while they are on duty.

Live Demo

Read more ...

Mareva Injunction: an interluctory application which "freezes" the asset(s) of the defendant / respondent

Mareva Injunction: an interluctory application which "freezes" the asset(s) of the defendant / respondent

When faced with a debt that is due and owing and you run the risk that the debtor may dispose of his or her assets as to defeat the judgment, the plaintiff has a lifeline available to him in the form of the Mareva injunction or as it is known in South African law, an anti-dissipation application.

Live Demo

Read more ...