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September 2018 Newsletter

Do You Need a Will?

We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone.  But it’s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so.

This article is about the one basic that needs your immediate attention. That of course is to make your will. We look at exactly why a will is essential, at what happens to your assets if you die “intestate”, and at the risks and hardships you expose your family to if you deprive them of the protection of a professionally-drawn will.  


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Buying Your First House – An Action Plan

It’s an exciting time, buying your first house. There’s nothing quite like it, and it’s difficult to over-emphasise quite how important a step it is in your life.

Preparation being as always key to success, don’t be tempted to rush into anything.

Take it slowly – plan, plan and plan again. We’ll share some tips on how to set your budget, how to figure out how much cash you’ll need to have on hand, how to find the house of your dreams and – last but certainly not least – how to put in your offer without falling victim to the many pitfalls that lie in wait for the unwary. 


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Drunk Driving Arrest: Damages for Sexual Assault in Cell

It’s every driver’s nightmare. You’ve had a few drinks but think you’re still safely under the limit. Then the roadblock looms and when you blow into the breathalyzer it fails you.  What follows is of course a frightening story of handcuffs, formal charges and the fervent hope of release on bail until your formal court appearance.

We discuss a recent Supreme Court of Appeal case in which an arrested driver, although granted bail, was in error detained in police custody over a weekend and gang-raped in the cells. His claim against the police for the life-destroying trauma he suffered earned him a damages award. But our courts are conservative when assessing such awards, and besides can monetary compensation ever be enough?


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“You’re Fired for Misconduct” v “No, I Resign” – Who Wins?

What can you do when an employee-gone-bad tries to frustrate your disciplinary proceedings by resigning?

Nothing, according to a 2016 Labour Court decision to the effect that an immediate resignation puts the (now ex-) employee beyond your reach.

Take heart though from a new Labour Court decision reversing that. We analyse the judgment and the loophole that has now been closed to employees facing disciplinary charges for misconduct. We’ll tell you also how to keep the transgressor on the hook long enough to be fired.


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Your Website of the Month: How To Sleep Like a Boss

Not getting a full night’s sleep can kill you. And even if it doesn’t it can seriously affect your ability to function to full potential both in the workplace and out of it. It even increases your long-term risk of dementia and Alzheimers.

Now there’s an interesting anomaly in some recent research on the subject – senior executives are reported to sleep better than anyone else, and the more senior they get, the better they sleep. How can that possibly be? We refer you to an online article that explores the reasons, and tells you how to teach yourself the skills needed to mimic those peaceful-sleeping captains of commerce and industry. 


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Disclaimer
The information and material published on this website is provided for general purposes only and does not constitute legal advice. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Smith Bekwa Incorporated Attorneys
6th Floor, Surrey Place 291 Surrey Avenue Ferndale, Johannesburg
Tel: 011 462 7842 / 011 704 2802



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