DIVERSION: THE ROLE OF DIVERSION IN SOUTH AFRICAN LAW

To most South Africans fortunate enough not to have been subjected to the looming terror of a criminal trial, incarceration and the lingering stain of a criminal record, diversion is just a nine letter word, however to those who have, it is a legal innovation with life changing effects.

Anyone is capable of making a mistake and it is this inherent fallibility that could cause a single lapse in judgment to result in a seemingly upstanding citizen being branded a criminal. Diversion seeks to address the real concern that a criminal conviction, and the stigma and possible incarceration stemming therefrom, may well lead a person to be exposed to influences which themselves may propagate further illegal conduct and lifestyle.

Diversion is the initiative which caters for a second chance for those who are young, those who haven’t transgressed before, those who live within the scope of the law and those who in the interests of justice, should not be condemned for a single mistake. An offender who successfully completes a diversion program will not be convicted and will not have a criminal record.

Continue Reading

NON VARIATION CLAUSES, EMAILS AND THE ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT.

SPRING FOREST TRADING CC V WILBERRY (PTY) LTD 

INTRODUCTION

The law of contract is of fundamental importance in the commercial world, because it is woven into and inseparable from every form of economic activity.

In modern commerce there is an ever increasing utilisation of electronic means of communication. The traditional pen to paper way of doing business is changing rapidly. Electronic communication systems are becoming the standard form of transacting, specifically so the utilisation of emails to negotiate and conclude commercial agreements.

What then stands to be considered are the legal consequences of email communication within the sphere of the law of contact, amongst others, whether the parties to a contract can amend or even cancel a written agreement by the utilisation of emails.

Continue Reading

Landlords versus Unlawful Occupants - Is a property truly an investment?

Owning an additional property is a great way to start building one’s wealth and to reach your retirement goals earlier. As with most things in life, there are inherent risks involved. It is often a perceived misconception that once a person has acquired a property and is able to place a tenant, that the owner can sit back and await the rental income to steadily roll in. This is not always the case. As much as the economic conditions and situations of a country increase and decrease like the tides, the economy often has a negative effect on the middle and lower class. This ultimately has an impact on the rental market as it influences the amount of money which a tenant has available to pay towards renting a property.

The truth of the matter is that renting out a property involves more work than many people will think. The key to steady rental income begins with finding a suitable tenant. The most important step when placing a tenant in a property is to do a proper background and credit check on the tenant before signing a lease agreement. By doing proper background checks on a prospective tenant, the owner can minimise a lot of the risk.

Continue Reading