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New law a let-down for Business Tenants
08 September 2011
In the South African legal system a landlord can destroy a business by refusing to renew a lease. Business owners who pinned their hopes on the new Consumer Protection Act (CPA) to curtail the unfettered power of their landlords seem to have been let down badly.
Adapted from an article in the Mail&Guardian - www.mg.co.za

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Section 85 of the National Credit Act - Your Right
06 September 2011
You may at any given time 'Where a Credit Agreement is considered by a court' bring to the court's attention that you are unable to pay your Debts - the court may then refer you to a debt counsellor for evaluation and recommendation to court or the court may declare you over indebted and make any order as set out in Section 87 of the NCA.

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The law and the business of criminal record expung
06 September 2011
This report, written by Senior Researcher Lukas Munitngh, reviews the use and expungement of criminal records in South Africa and was prompted by a recent amendment to the Criminal Procedure Act which created, for the first time, a mechanism for certain criminal convictions to be expunged.

The situation of criminal records and their expungement is, however, not a simple one and the creation of additional registers (Sex Offender Register, Child Protection Register and Diversion Register) have added another dimension to the issue. The overall impression from the legal framework is that different pieces of legislation use different yardsticks in respect of expungements. It is furthermore a general conclusion that the scope of the mechanism created in the Criminal Procedure is extremely narrow and that very few former offenders would in fact benefit from it. The creation of this mechanism also saw the private sector creating a profit opportunity with some companies charging amounts as high as R7 500 for handling the expungement application, a procedure that should cost no more than R100. The report concludes by recommending that the retention and expungement of criminal records should be selective, purposeful and based on knowledge.

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