Author Archives: HL Legal Incorporated

REVIEW OF CCMA PROCEEDINGS: WHAT HAPPENS IF THE RECORD OF THE PROCEEDINGS IS LOST?

Section 143(1) of the Labour Relations Act 66 of 1995, provides that an Arbitration award issued by a Commissioner is final and binding. However, in instances where the parties are not satisfied with an award/ruling the parties have a right to approach the labour court to review the award. Central to a review application is […]

DON’T TAKE THE LAW INTO YOUR OWN HANDS! – THE REQUIREMENTS OF A MANDAMENT VAN SPOLIE APPLICATION

The Mandament Van Spolie (MVS), also known as the Spoliation Application, has been described as a remedy aimed at preventing individuals from taking the law into their own hands if they have been dispossessed of their items. The MVS is a common law remedy aimed at restoring possession of property to a possessor who has […]

“TO DRIVE OR NOT TO DRIVE?”– WHAT HAPPENS IF YOU ARE ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL?

You are assigned the position of “designated driver” and during a fun night out, your friends pressure you into having a drink or two. The night is then over, and you are faced with the following dilemma: You are under the influence of alcohol and have to drive you and your friends back home. Do […]

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