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November 2024 Newsletter
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Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist

If you have any thoughts of buying property this summer, you’ve picked a good time to do it. We’ll discuss why that is and then we’ll share some crucial factors to consider before you make an offer. Whether you’re a first-time buyer or a seasoned investor looking to expand your property portfolio, these tips will guide you towards a successful purchase. 

Read the full article for expert guidance that’ll help make your property purchase smooth and stress-free…

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This Wedding Season: What’s in a Surname?

If you’re planning a summer wedding, remember to prioritise more than just “book venue”, “create wedding website” and “invite Auntie Jane”. The legal side of things isn’t exactly exciting, but it is vital.

One of the more important choices you need to think about is what surname/s you will use once you’re married. Long gone are the days when we were limited to wives automatically adopting their husbands’ surnames. Women now have three different options to choose from, and a recent High Court decision lays the groundwork for those same choices to become equally available to men.

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Employers: It’s November Again. Must You Pay 13th Cheques?

November’s here once more (can you believe it?), and with it, employees’ rising hopes for a 13th cheque or year-end bonus. However, not all businesses can afford to meet these expectations, and this often leads to frustration and disputes. Each year, the CCMA sees cases where employers and employees clash over unpaid bonuses.

We explore whether South African law requires you to pay a bonus. And then we outline three key steps every employer should take to manage expectations, prevent disputes, and ensure that employee morale and productivity are maximised. 

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No Means No: What the New Case on Consent Means for Victims of Sexual Violence

Rape and other crimes of sexual violence continue to plague our society, and our legal system is still evolving to ensure that victims are always treated with the dignity and compassion they are entitled to.

A recent High Court ruling addresses the question of “consent” as a defence to criminal charges in the context of two shocking acquittals stemming from the wording in the current legislation. If the Court’s declaration of unconstitutionality holds up, a whole new requirement of “objective reasonableness” will be imported into our law – greatly increasing victims’ access to justice.
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Legal Speak Made Easy

“Ultra vires”

Ultra vires literally means “beyond the power” and is an important concept because if anyone (such as a company, director, government body, official or the like), acts beyond their powers, that action is invalid for the reason that they lacked the necessary legal authority to take it. You are most likely to come across the concept with companies or trusts acting outside their powers, or with ministers making regulations beyond the legal authority granted to them by an act of parliament. Such actions are not always held to be invalid, but as a rule, everyone must work within the powers granted to them.

linda@martinlaw.co.za dave@martinlaw.co.za andrew@martinlaw.co.za terisha@martinlaw.co.za www.martinlaw.co.za
Disclaimer
The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact us for professional, detailed and appropriate advice.

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