08 March

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Your rights as a woman in the workplace

in Know The Law, Labour Law, Legal Advice

To mark International Women's Day, it’s worth celebrating that South Africa has one of the most progressive Constitutions in the world. Our Constitution enshrines equality, dignity and the right not to be discriminated against based on one’s gender or race. These important principles are also carried out in specific legislation such as The Employment Equity Act (EEA), The Labour Relations Act (LRA) and The Basic Conditions of Employment Act (BCEA). The Labour Relations Act, Pregnancy, and Maternity Leave The LRA stipulates that a dismissal is automatically unfair if an employee is dismissed because of any reason due to her pregnancy (whether she...

28 February

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Everything you need to know about the new national minimum wage

Posted by Hammond Pole

in Labour Law

The Minister of Employment and Labour, Thulas Nxesi announced that effective from 1 March 2022 the National Minimum Wage (“NMW”) will be increased by 6.9% compared to the previous period which had an increase of only 4.29%. This means that as from 1 March 2022, workers will earn R 23.19 instead of R21.69 for each ordinary hour of work. To comply with the NMW, a domestic worker would have to earn a minimum daily rate of R 208.71 in comparison to the previous year where the daily minimum rate was R 195.21. In total, this equates to a monthly difference of...

25 February

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Understanding Children’s Best Interests in Divorce

Posted by Hammond Pole

in Divorce Law

Divorce can be complex - Keep it simple and focused on the child Marriages can be complex as there are various components that go into it. The relationship itself has its own history, the partners have their own personalities, together with all external stresses and pressures that life throws at the couple. Should a marital relationship come to an end, and the parties decide to get a divorce, then the divorce is muddied with the emotions that go with all the above. I have seen time and time again how children are used as a pawn in the process. Whether it is...

15 February

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Fraud in the property market – Everything you should know

Posted by Hammond Pole

in Property Law

The property market remains an attractive investment option for many, and while interest rates remain relatively low, more first-time buyers are finally stepping onto the property ladder. With substantial sums of money on the line, the property market is both an attractive investment option and a target for fraudsters and scam artists. Knowing how criminals operate and the anatomy of common scams is the first line of defense in not falling prey to a con. CYBER FRAUD IN THE PROPERTY MARKET THE SCAM: The most common type of criminal activity in the property sector occurs by way of electronic email interception or cyber fraud...

31 January

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Donating Property – Know The Law

Posted by Hammond Pole

in Property Law

When deciding about donating property to a family member, it is important to take into account the financial implications as well as understanding the transaction at hand. What classifies as a property donation? Let’s first understand the definition of a donation. This is any gratuitous disposal of property including any gratuitous waiver or renunciation of a right. There needs to be an offer to donate, by the person giving the donation (the donor). The offer will then need to be accepted by the person receiving the donation (the donee). The agreement for a donation must be in writing (when it relates to...

19 January

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Facing a Financial Emergency – Now what?

Posted by Hammond Pole

in Know The Law, Legal Advice

5 Steps to get you out of a Financial Emergency For most of us it might be inevitable to find ourselves in a financial emergency at some stage of our life. Any unexpected situation can easily lead to you feeling both blindsided and vulnerable - from a job loss to any unplanned expense such as medical, car/home repairs, or even a change in your general financial situation. The reality remains that during these emergencies there is still a financial obligation in terms of your basic needs and your creditors. Here are a few steps you can take to manage the crisis while reducing...

07 January

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How SPLUMA affects Property Sellers

Posted by Hammond Pole

in Property Law

What is SPLUMA? The Spatial Planning and Land Use Management Act (16 of 2013) (SPLUMA) is set to aid effective and efficient planning and land use management. It is a national law which was passed by Parliament in 2013. The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of SPLUMA to provide additional detail on how the law should be implemented. What is a SPLUMA Certificate? The Deeds office requires a SPLUMA Certificate from the local authority before property registrations can proceed. All municipalities must establish a SPLUMA compliant land use scheme plan. The Act requires...

14 December

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On the road and in an accident – What to know and what to do

Posted by Hammond Pole

in Hammond Pole Blog, Legal Advice

The peak travel period for the festive season is upon us and whether you’re involved in a bumper bashing or a more serious crash, whether you’re a driver, passenger or even an onlooker here’s a five-step guide on what to do after a vehicle accident: Step 1 – Stop and call for help Stop your car and switch on your hazards to warn other drivers to be careful. If it is safe to do so, climb out of your car to check if anyone has been injured. If someone has been injured, contact an ambulance, or rescue unit. It’s critical that...

25 November

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Protecting our Women & Children against Abuse

Posted by Hammond Pole

in Family Law

“We must protect our families, we must protect children, who have inalienable rights and should be loved, should be taken care of physically and mentally and should not be bought into the world only to suffer.” – Indira Gandhi Human Rights Day Human Rights Day is celebrated on the 10th of December annually. It commemorates the day the United Nations Generally Assembly adopted the Universal Declaration of Human Rights in 1948. This Declaration set out to ensure universal protection of all fundamental human rights and has been translated into hundreds of languages and dialects from Abkhaz to Zulu which led to a...

17 November

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Identity Fraud Awareness

Posted by Hammond Pole

in Know The Law

Today you are You, that is truer than true. There is no one alive who is Youer than You.” ― Dr. Seuss. This is one of my favourite quotes, but can there actually be two of you? I recently had a client who was excitedly finalising the arrangements for her upcoming wedding. We drafted her antenuptial contract and a day before she was scheduled to sign, we received a call from her marriage officer… She was a victim of identity fraud and was actually listed as married with the Department of Home Affairs. In South Africa, you are not legally allowed to...

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Your rights as a woman in the workplace

Everything you need to know about the new national minimum wage

Understanding Children’s Best Interests in Divorce

Fraud in the property market – Everything you should know

Donating Property – Know The Law

Facing a Financial Emergency – Now what?

How SPLUMA affects Property Sellers

On the road and in an accident – What to know and what to do

Protecting our Women & Children against Abuse

Identity Fraud Awareness

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Some of our clients

Author: Hammond Pole

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Some of our clients