South Africa Law

  • I want to sue someone!!

     

    In 2016 I lent a friend of mine R 48000.00.

    Now; I am battling to get the money back!

    What can I do?

  • Insurance Law

    Legal advice and legal services pertaining to all aspects of insurance law including disputes with insurance companies, the vetting and interpretation of insurance policies, the rejection of claims etc

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  • Labour Law: A case study on an unfair dismissal

    In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

  • Leases: Some important terms and conditions

    The Consumer Protection Act No 68 of 2008 (CPA): Leases: Some important terms and conditions:

    In our last blog we looked at the early termination of lease agreements,

    In this blog we intend to renew our acquaintance with some of the provisions of the Consumer Protection Act No 68 of 2008 (CPA) dealing with leases and some of their terms and conditions in general in the CPA.

  • Legal Advice Office in South Africa

    The Legal Advice Office in South Africa

    The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

    Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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  • Personal Injury Law

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  • Property Law

    Legal advice and legal services related to all aspects of property law especially those related to offers to purchase/deeds of sale in respect of houses and immovable property, transfers, bonds etc.

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  • Protection of Consumer’s rights and Consumers Voice. The Consumer Protection Act No 68 of 2008 (CPA): Chapter 3

    Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    It consists of Part A to Part D and covers sections 68 to 78 of the CPA.

    So how does the CPA protect a consumers rights?

  • The choices of a Repair, replacement or a refund when it comes to the purchase of a defective motor vehicle in terms of the Consumer Protection Act No 68 of 2008 (CPA)?

    What do you do if you purchase a defective motor vehicle from a new or second hand vehicle?

    What recourse do you have?

  • The Consumer Protection Act - Recap

    The Consumer Protection Act No 68 of 2008: (CPA): Section 56 (2): Recap:

    We have recently looked at the implied warranty on the quality of goods guaranteed by the CPA and more particularly section 55 & 56 of that Act of Parliament.

    There is still a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.

    As we all know by now the Consumer Protection Act (CP Act) came into operation at midnight on the 31st March 2011.

    Section 56 (2) of the Consumer Protection Act, No 68 of 2008 reads as follows:

    “Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty, and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55 (Consumers rights to safe, good quality goods) and the supplier must, at the direction of the consumer, either:

    1. Repair or replace the failed, unsafe or defective goods, or
    2. Refund to the consumer the price paid by the consumer for the goods.”

    That seems pretty straight forward; and to a very large extent self-explanatory.

    Why then do so many suppliers duck and dive; and attempt to avoid their legal obligations to the consumer and their customers. The answer to this question is that it is a nuisance to a supplier and they need to take time out; and incur cost; in repairing, replacing or refunding a consumer for an item that they have already sold to them. Things were far too comfortable for suppliers before the advent of the Consumer Protection Act as they, in the past, would simply tell us that it was not their problem once we had taken delivery of an item and paid for it.

    One has to remember that the provisions of this Act and these sections do not cover private individuals as sellers; as they are not suppliers or service providers conducting their sale in the ordinary course of business. In short the act does not cover private sales. Your remedies in the case of private sales lie in the common law of contract.

    One has to look at the definition of “a consumer” and “a supplier; in order to get confirmation that private sales are not covered by these provisions of the Consumer Protection Act.”

    Section 1 is the definition section of the Consumer Protection Act No 68 of 2008.

    In section 1; “a consumer’ is defined in great detail. It will suffice for our purposes here to simply quote from part of the full definition: “A consumer means a person to whom those particular goods or services are marketed in the ordinary course of the supplier’s business.” The section then goes on to give a more comprehensive detailed definition which it is not necessary to dissect here but the definition of a consumer is very wide and includes just about anyone buying an item from someone else who is conducting a business enterprise in selling amongst other things that particular item/items.

    One also has to look at the definition of “a supplier” for clarity here.

    Section 1 also defines “a supplier” which means: “A person who markets any goods or services.”

    This is also a very wide definition.

    As a consequence, the Consumer Protection Act covers both goods and services provided by a supplier to a consumer.

    It does not apply to private sales as although all buyers are consumers as defined in the Act; the sellers however are not suppliers; as they do not sell their items in the ordinary course of a business enterprise; but only occasionally on a once off basis. Clearly there may be exceptions to this rule; eg someone who is not a dealer but runs a business selling second hand cars in his spare time. He may well then be a supplier as defined in the Act although not a registered car dealer.

    The Consumer Protection Act applies to all unsafe, damaged and defective goods; provided they are bought from a supplier acting in the ordinary course of his business.

    As a consumer of both goods and services our section 56(2) choice, as consumers, of “repair, refund or replace” in respect of damaged or defective goods is in addition to; and over and above the manufacturer’s warranty; and also in addition to, and over and above, any common law remedies that we may have; for example; where latent defects were deliberately not disclosed to us by a supplier.

    You, as a consumer could very well then have three separate potential claims available to you in a dispute with a supplier. These claims could be in terms of the CP Act, a common law remedy and/or in terms of a manufacturer’s warranty; provided that that dispute relates to unsafe, damaged or defective goods or services.

    In our next blog we will look at the implied warranty on repaired items as contained in section 56(3) of the Consumer Protection Act.

    Please visit our website at www.legaladviceoffice.co.za for more detail or send us an emailwith you queries to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

    Should you have any queries please contact our offices in that regard.

    Should you otherwise wish to comment on this or any other legal topic; please also just send us an e-mail; and we will respond.

    Thank you.

    The Legal Advice Office Team.

  • The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed term contracts/agreements, especially Leases. Section 14 (2) continued.

    As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

    The CPA deals with the above subject and in our last blog we looked at section 14(1).

  • The Consumer Protection Act No 68 of 2008: (CPA): Section 56(3)&(4):Warrany

    We have been looking at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 & 56 of that Act of Parliament.

    As we now know; we as consumers have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

    This rule also applies to a motor vehicle; both new and used.

  • The Legal Advice Office: How do we work and what do we charge?

    The Legal Advice Office is an exclusively internet-based legal business/firm; which although run from the Western Cape offers legal advice and legal and paralegal service right throughout the whole of South Africa and we interact with our clients only by phone and by email.

  • What do I do if I am arrested?

    People get arrested in South Africa every day.

    Normally the SAPS will only arrest a person when a serious crime is involved, but this is not always the rule and people are arrested even for what one would think are minor offences like shoplifting of reckless driving.

    If this should happen to you; what do you do?

  • What do you do when you are involved in a dispute with another person?

    Perhaps somebody owes you money and will not pay it back?

    Maybe someone damaged your property; your car or other property and refuses to fix it at their cost?

    You could always sue them in a court, but that takes time and normally costs a lot of money

  • What does the Common Law and the Consumer Protection Act means for tenants when the landlord sells the property?

    What do the Common Law and the Consumer Protection Act No 68 of 2008 (CPA) mean for tenants when the landlord sells the property?

    When a property is sold with tenants in occupation of the premises; what rights do the tenants have when it comes to staying on, cancelling the lease or indeed enforcing its terms?

    Landlords are within their rights to sell their properties at any time, even without notifying the tenant of their intention to do so; but the tenant’s rights remain in place before any of the rights of the buyer of the property. “Huur gaat voor koop” is an old Roman Dutch axiom which covers this situation. In effect this means that the tenants can remain in the property until their lease expires.

    If a property is sold by the owner; the lease terms and conditions are passed from the one landlord to another being the buyer; and they do NOT fall away. If the lease has not been cancelled, both the tenants and the new landlord buyer are both bound by its terms and conditions until the lease is either renegotiated or expires. The deposit held by the previous landlord must be transferred to the new owner and as with the previous landlord it must be held in an interest bearing account for the benefit and interest of the tenant as its remains the tenant’s money at all times. At the end of the lease it must be refunded to the tenants with interest earned on it; unless the landlord has a legal rights to retain the whole or a portion of the deposit in terms of the terms of the lease agreement.

    However if the tenants decide that they would no longer wish to stay on in the property if there is a new owner and landlord; the terms and conditions of the lease itself mat also prevent the tenants from leaving the new landlord in the lurch and cancelling the lease. They have no automatic right to do so; and the lease terms and conditions will still be binding on them. If the tenants try to cancel the lease in these circumstances; they may well find that there is a penalty for doing so.

    The above is all based in common law and the law of contract.

    Although the CPA allows tenants to give early notice of termination of a lease in certain cases by formally giving 20 business day’s notice; if the landlord is a supplier according to the CPA and lets the property in the ordinary course of business; there is still the possibility of a “reasonable penalty” which the landlord may be entitled to depending on the circumstances of each case.

    In short; if for any reason the landlord or the tenants cancel the lease once the property has been sold and taken over by the new owner; it would be best if it was done by mutual consent.

    The first course of action would be to have an open discussion and communication between the two parties and through this process hopefully reach an agreement without either party being put financially of legally at risk.

    Landlords and agents usually work on a “reasonable penalty: equivalent to the cost of finding a new tenant plus one month’s rent; but this is not the law and this is not and can never be a once size fits all scenario. The rationale behind this approach is that it takes about one month for the landlord or his agent to find a new tenant.

    Each case however should be judged on its own unique facts.

    If on the other hand the new owner landlord wishes to cancel the lease; there should be no penalty and the tenants should always be given enough time to find alternative premises.

    Once again; we must stress that it is always advisable  for both landlords and tenants to seek proper, professional legal advice and legal services when dealing with complex factual and legal issues as we reiterate once again that both the common law and the CPA and its contents can sometimes can be confusing and complicated, especially if you want its correct interpretation in the circumstances of your particular case; and it needs a trained experienced and legal mind to interpret it correctly and as accurately as possible in any given circumstances.

    Please visit  The Legal Advice Office’s website at www.legaladviceoffice.co.za or write to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will respond within 48 hours.

    Thank you.

    The Legal Advice Office Team.

  • What to do if you purchase a defective or damaged motor vehicle from a new or second hand dealer or service provider?

    How does the Common Law protect you in these circumstances and

    How does the Consumer Protection Act No 68 of 2008 (CPA) protect you?

    What do you need to do and what are the guidelines in this situation?

  • When can you return damaged or defective goods or items purchased? Your legal rights to return damaged goods:

    At The Legal Advice Office; we get many enquiries every single week from clients and consumers about whether, when and how they can go about returning faulty or damages goods that they have bought from a supplier.

  • When I die, what happens?

    Death, like taxes, they say, is inevitable (for all of us.)
    When it does happen we hope we go to Heaven; but what happens down here on Earth in our absence.

    Besides the fact that we will be missed; the family and friends we had during our lifetime have to carry on without us.

  • Who are the legal advice office?

    Who are The Legal Advice Office?

    Who are we and what do we do?

    What makes us unique?

    Why should you use our services?

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za