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Bregman Moodley Attorneys
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Social Media and the Law
Social Media and the Law Social
media platforms such as Facebook, Twitter and YouTube have become an integral
part of our everyday lives and have an important role to play in our social
environment and help us keep in touch with others and stay informed of ...

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Freedom of testation
Can I choose who to benefit
in my will? In
South Africa, a person can leave his or her assets to whoever he likes, with
few limitations. This is called “freedom of testation“. If a person dies with a
valid will, he or she dies “testate”, and without a valid...

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The effect of no-interest loans to trusts
One
way of avoiding estate duty and donations tax is to sell an asset to a family
trust for a market related value. The
rationale is to freeze the growth of the assets in the taxpayer’s estate for
estate duty purposes. The income tax benefits would accrue t...

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Body corporate cut off electricity
The
Body Corporate switched off a client’s electricity, because he fell into
arrears with his levies. He asked me what steps he could take to have his
electricity switched back on. I
advised: I would suggest that you have a look at the conduct rules of your...

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Common law marriage in South Africa
A client asked me how long a couple must
live together, before they are regarded as being in a common-law marriage. Common-Law
marriage In South
African law, there is no such thing as a common-law marriage, no matter how
long a couple may live together. The...

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Getting rid of a criminal record
What happens if you
committed a petty offence (like shoplifting) and you want to clear your name? The
act that applies is the Criminal Procedure Act 51 of 1977, that provides that
your criminal record can be ‘expunged’ from the records of the Criminal Recor...

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Must I fence my pool?
A client asked me: “ Please
can you let me know what is the 'law' regarding a fence around a swimming pool.
Is it the landlord’s responsibility or the tenant residing at the property? Is
it the law to have a fence around a swimming pool or is a pool net suf...

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Penalty for early cancellation of a residential lease
What rights does a landlord have if a tenant cancels the residential
lease, before it ends? The tenant has the right to cancel the lease at any time (on
20 business days’ notice) in terms of the Consumer Protection Act (subject to
payment of a reasonable pe...

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Forms of marriage in South Africa
In South Africa,
there are several ways of getting married, depending on religion, custom or
tradition. South Africans
choose to get married in terms of customary law, religious rites, or in a civil
or church marriage. Customary Marriages ·          The
Rec...

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If I am married in community of property, what can I leave in my will?
A client asked: What are the
implications when folks get married in community of property after a property
was purchased in any one’s name, draw up a will and one passes away? If a couple get married in community of property,
they share equally in the asset...
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