The agent is given legal permission by the principal to make decisions and to take action on the principal’s behalf.

The agent may then, for example, buy or sell the property and/or enter into contracts on behalf of the principal.

There are 2 types of Powers of Attorney.  A general power of attorney gives the agent the authority to do certain acts as set out in the Power of Attorney and usually only terminates when the principal passes away, becomes insolvent, or becomes mentally incapacitated at which point a curator ad litem must be appointed by a court.  A special power of attorney grants the agent the authority to perform a specified action on behalf of the principal and once this action has been performed, the Special Power of Attorney expires.

So, what are the legal requirements for a Power of Attorney? 

1. It must be in writing;
2. Both parties must be clearly identified;
3. The scope of the powers granted must be specified;
4. The Power of Attorney is signed by 2 witnesses;
5. If the Power of Attorney is not signed in the RSA, it must be signed before a Notary Public and authenticated to be used in the country.

It must also be mentioned that where an agent must transact in respect of immovable property, the Power of Attorney must be registered in the Deeds Office.

A principal may cancel the Power of Attorney anytime.

Call Du Pre Le Roux Attorney today to draft all your legal documents.

Navigating the landscape of labour law can be a tricky endeavour if you don’t know the fundamentals of labour law, but is usually a walk in the park for seasoned professionals who know what they’re doing. In this blog, we’ll be taking a closer look at what labour law is and give you a bit of insight into when you should take your dispute to the Labour Court.

What is the Labour Court?

The Labour Court of South Africa is a specialist court that has a similar level of authority as the High Court. It deals with labour law cases in which disputes arising from the relationship between the employer, employee and trade union cannot be resolved in Bargaining Councils (BC) or the CCMA.

The Labour Court has exclusive jurisdiction over cases that arise from Labour Relations Acts of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Unemployment Insurance Act of 2001.

These acts deal with several kinds of cases, including (but not limited to):

- Collective bargaining;

- Trade unions;

- Unfair dismissals;

- Unfair labour practices;

- Leave;

- Remuneration;

- Affirmative action, and;

- Discrimination.

3 scenarios where you’d need to take your case to the Labour Court

In most cases, the Labour Court isn’t the first destination for plaintiff who wish to resolve workplace disputes. Some industries, including the automotive, public service and chemical sectors have their own BCs which deal with disputes specific to those industries, while other sectors rely on the CCMA for most conflict resolution.

Scenario 1: A dispute cannot be resolved at a Bargaining Council or the CCMA

In the case of a dispute, the aggrieved employee must start off by lodging a dispute referral with the relevant BC or with the CCMA. A conciliation meeting will then be set up with a mediator appointed to facilitate the out-of-court settlement. If this settlement is successful, the employee and the employer will sign a contract that sets out the terms of their settlement before the matter is closed.

If this process is unsuccessful however, the employee may take it to the next level, that is, the Labour Court. While some cases may go to an arbitration tribunal, severe cases (discussed below) will be taken to the Labour Court.

Scenario 2: A case of multiple retrenchment

Multiple retrenchments can happen for several reasons, some of which directly violate the rights of the employees who suffer the consequences. These cases are often taken directly to the Labour Court, sometimes in the form of a Class Action Lawsuit. These kinds of lawsuits take much longer in the Labour Court than they would at the CCMA or BC, so we recommend that you choose the right people to represent you in court.

Scenario 3: Strike dismissals and automatically unfair dismissals

Dismissals arising out of strike action or automatically unfair dismissals are almost always taken through the Labour Court without going through an arbitration tribunal or the smaller BCs and CCMA. In these scenarios, the Labour Court judge hears the evidence presented by the plaintiff and the defence (employee and employer respectively) before deciding whether the dismissal was unfair or not.

The bottom line?

Whether you find yourself in a minor dispute that needs only a BC or the CCMA, or you find yourself in a severe situation where a Labour Court is needed, you’ll need to have people who know how to navigate labour law in your corner. We’ve got you covered with that one, get in touch with us today and tell us about your dispute, we’re ready and willing to help you win the case.

From the Constitutional Court, the highest court in the land, to the lower courts like the Small Claims Courts and the District Magistrate Courts, many South Africans take solace in knowing just how covered they are when it comes to matters arising from disputes, crime, unfair dismissals and many more.

The courts of South Africa are all those dealing with civil and criminal matters and are responsible for administering justice in South Africa. They are all established under the Constitution of South Africa as well as the myriad of the Acts of the South African Parliament. These courts can be divided into 4 categories: superior courts, lower courts, specialist courts and military courts. Let’s take a closer look at a few of the courts that fall under them.

Superior courts

Constitutional Court

As the highest court in the land, the Constitutional Court deals with constitutional matters. It handles appeals that relate to the constitution only after a judgment has been handed down by another superior court – the Supreme Court of Appeal deals with all other appeal matters. No other court can overturn a ruling made by the Constitutional Court.

Supreme Court of Appeals

The SCA deals exclusively with appeals against judgments passed down by superior courts. Besides the Constitutional Court, no court in South Africa can overturn a ruling made by the Supreme Court of Appeal.

High Courts

High Courts deal with cases that can’t be handled by the Magistrate’s Courts, usually those involving high profile matters that are in the interests of the public. There are 10 provincial and three local high courts in South Africa, each of which presides over different jurisdictions.

Circuit courts are also part of the high court system, they move around the country to serve more underprivileged and rural areas, acting as pop-up high courts to cater to most South Africans.

Specialist courts

Labour Court

The Labour Court is a specialist court that has a similar level of authority as the High Court. It deals with labour law cases, that is, cases that arise out of workplace disputes between employers, employees and trade unions. These are disputes that cannot be resolved in Bargaining Councils or the CCMA.

Electoral Court

Established by the Electoral Commission Act of 1996, the Electoral Court oversees the Electoral Commission and the conduct of elections. The Electoral Court deals with matters relating to electoral conduct during and in between regional and national elections, ensuring that running parties don’t abuse their powers.

Military courts

There are a few military courts that deal exclusively with all matters relating to South Africa’s military. All members of the South African National Defence Force, regardless of rank, are subject to the Military Discipline Code and fall under the jurisdiction of the military courts. While minor offences are dealt with internally through disciplinary hearings, more serious offenses are taken to the relevant military court where the accuse is judged by a Military Judge.

Lower courts

The lower courts of South Africa exist to deal mostly with civil and minor criminal cases that do not merit hearings in superior courts. These courts include the Small Claims Court, the District and Regional Magistrate’s courts.

If you think that your situation merits a claim to any of these courts, don’t hesitate to get in touch with us, we look forward to helping you navigate the tricky landscape of law.

Parties can change their matrimonial property regime by means of a High Court application. Once the order is granted, the parties will then sign a post-nuptial contract which will then be registered in the Deeds Office.

An ante-nuptial is a contract which is an agreement entered into between two parties before their marriage. This contract stipulates a variety of terms and conditions, which usually relate to the division of assets in the event of death or divorce.

The Ante-Nuptial agreement should be registered in the Deeds Office within 3 months of the date of marriage. It is possible to change the matrimonial property regime from Community of Property to out of Community of Property. This should be in accordance and virtue of section 21 of the Matrimonial Property Act, once the Court looks at the validity of reasons and intentions of the application.

A few benefits associated with an ante-nuptial agreement include the protection of insolvency from the insolvent spouse, so as to prevent getting married in Community of Property as well as retaining individual financial identity and independence.

Contact Trish De Pre Le Roux for more information. 

Arbitration is defined as a legal technique where the resolution of disputes is resolved outside the courts and the arbitrator takes the evidence into consideration and makes a decision based on the set of facts presented.

Mediation is the process where negotiation is assisted by a neutral third party. One of the primary reasons mediation is preferred is that the parties involved do not reach a resolution unless all sides agree.  

Illustrative examples of where arbitration could take place in both the private and public sector. The arbitrator could be a senior lawyer or retired professional and both parties are given an equal opportunity to present their side to the arbitrator.

Mediation predominantly occurs when the mediator is required to go back and forth between the parties and will then enter into a written settlement agreement.  

The distinctive difference between mediation and arbitration is that arbitration is less formal, whereas the mediation process is assisted by a neutral third party. An important aspect to consider is that mediators do not find fault or make determinations, instead their purpose is to assist parties in reaching a settlement through communication channels.

Get in touch with Trish De Pre Le Roux to understand the difference between mediation and arbitration.