You are in for a shock when you find out that an agreement does not have to be in writing, signed by all parties and have a wax stamp on it. Oral agreements are binding on the parties. A written agreement promotes certainty as to what was agreed on. Oral agreements can be a struggle to prove in court. The satisfaction of emotional e-mails to the other party may cost you more in the long run. Let an attorney guide you through the law and explain to you the court process of civil litigation. It will save you time and money.
The press and public opinion tend to put you in jail before you have a chance to speak. It is not a good thing to speak when you are in a state of shock. Avoid the temptation. Call an attorney even if you are pressurised on all sides to speak. When you eventually do speak, it must come from a well-informed mind. Your bail application, may well depend on it.
We vote for municipal counsellors to provide services at a proper standard. We have a stake in proper municipal services for many reasons, some being – the safety of our children in the streets, the value of our properties. We pay rates for the municipality to do their job properly. If they do not, we have a right to be heard. We can ensure that the local municipality acts reasonably in making every decision. Their decisions can are likely to effect the value of the home you are so proud of.
Your will speaks for you when you have passed on. It is the one authority that dictates what you want to happen to your estate when you are no longer there to make decisions. You may have minor children that need special care. A will you pick up from your local book store will simply not be adequate. Do not be too busy to make this your first priority.
When you are gone, trustees of a trust can act in a manner which you did not anticipate when you signed the document. Your children, who are beneficiaries of your trust, are likely to remain completely ignorant if the trustees are running the trust beyond the ambit of its terms. We suggest you consult an independent lawyer before you sign a trust deed.
Your company debtors promise to pay. You desperately want to believe them. By the time you realize they are not going to pay, they have liquidated their business. You are simply just too late. Get in early while a wobbly debtor is still paying his creditors. Where there are credit applications, the correct procedures in terms of the National Credit Act needs to be meticulously followed. Let us manage your book debt efficiently while you spend your time running your business.
Once the ship has left the harbour, there goes your claim. You would have to follow the ship to a court of jurisdictions once it is over the horizon. Know your rights on how to arrest a vessel for work that your company had done on it while it was berthed in the harbour. The security the ship would need to put up to gain its freedom, might well give you the peace of mind that the cost of litigating will not result in an empty judgement.
You can decide what colour to paint your house. This you cannot do when you buy a unit in a security block or in a block of flats - you are not the only owner. Your voice is heard through the Sectional Titles Act. Your voice is heard by voting in meetings of owners. Most of the decision making process for the day to day running of the units are made by a group of trustees. You need to know what you are letting yourself in for by buying a unit. If you have bought a unit already, you need to know the system to be heard by the trustees.
They convinced you to resign, take your pension and start a company with friends. They (your friends) put their pensions into the company. Now the disagreements have begun. It has reached a level where customers are becoming aware of the tension. You need to act quickly in saving the business. What to do? The Companies Act goes a long way in setting procedures for shareholders and directors to settle their differences. If the situation is beyond redemption, then the Act will likely show the way to liquidation or business rescue.
3rd Floor, Vunani Chambers,
33 Church Street, Cape Town
Tel: (+27) (0)21 422-1241
Email: stephen@lamprecht-attorneys.co.za