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“Judge a man by his questions rather than by his answers.” 
― Voltaire

  • Does non-performance of a contract due to Covid-19 amount to breach of a contract or is it force majeure (Act of God)?
    First, the contract must have a force majeure (act of God) clause that is crafted in a wide enough fashion to include an event like COVID-19. If the contract does not have a force majeure clause, the affected party may then rely on the common law principle of supervening impossibility. Ordinarily if a situation arises, without any act or fault of either of the parties to the contract, which renders the performance of an obligation by a party impossible, that party is excused from the failure to perform. It is important however to note that a party seeking to rely on this principle must show that the performance is really impossible and not just inconvenient, burdensome or economically heavy. So, a party can only invoke a force majeure clause if the consequences of the lockdown and/or the spread of the virus, renders contractual performance impossible.
  • What is a secured transaction?
    Most lenders like banks require a security before they will extend a loan especially if it is substantial. A secured transaction occurs when the borrower conveys a collateral e.g property to secure a loan. Should the borrower default on the loan, the bank may take possession of the specified property.
  • Can I sue government or a public entity if either has caused me injury, harm or death of a family member?"
    Certainly. Most of the time government or public entities like departments or state owned entities can be sued for the acts of their employees just as if the negligence or misconduct had been committed by a private individual or company. However, there are some limitations to a government entity's exposure to lawsuits like giving them notices before you can sue. Therefore, whenever you are considering a lawsuit against a government entity, you should quickly consult with an attorney to learn of your rights and limitations.
  • What can a creditor do to collect a debt?
    A creditor may issue summons and litigate to obtain a judgment against a debtor. In the process the creditor may repossess any collateral used as security for the debt and/or garnish the debtor’s salary.
  • Who is entitled to make a claim against the Road Accident Fund (RAF)?
    The following are entitled to make a claim: A person who sustained a bodily injury in the accident (except a driver who was the sole cause of the accident); A dependent of a deceased breadwinner; A close relative of the deceased who paid for​ the funeral; and A claimant under the age of 18 years who must be assisted by a parent, legal guardian or curator ad litem. Go to on the Claims procedure section for detailed information on submitting a claim.
  • Do I need a lawyer to assist with my claim against the RAF?
    Not really. The RAF employs Information officers at all of its branch offices to assist people with claims free of charge. However, if a person so prefers he or she may still decide to employ a lawyer. The lawyer is entitled to charge a fee for professional services offered.
  • Can an immovable property be sold verbally?
    No. Any sale of an immovable property must be in writing and be signed by both the purchase and the seller.
  • What costs does buying a property entail?
    The buyer is usually liable for the following costs: -Transfer duty (a tax levied on property which is purchase price based); -Transfer fees payable to the transferring attorneys; -Bond Registration Fees payable to the bond registration attorneys. The above costs are calculated based on the purchase price and the loan amount.
  • What costs are involved in selling a property?
    The Seller is usually liable for the following costs: -Agents commission if an estate agent is involved and the value is as agreed between the seller and the estate agent; -Costs of cancelling the existing mortgage bond registered over the property (if any bond exists); - Outstanding levies and rates and taxes that are due on the property; - Related costs of obtaining compliance certificates like the electrical certificates, gas certificates e.t.c
  • How much annual leave am I entitled to as an employee?
    An employee is entitled to 21 consecutive days leave in a cycle of 12 months, or by agreement, 1 day for every 17 days worked or 1 hour for every 17 hours worked.
  • Is my gardener and domestic worker covered by the Basic Conditions of Employment Act (BCEA)?
    Only if the gardener and the domestic worker work longer than 24 hours per month then they are covered by all the sections of the BCEA.
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