Legal Tips Archive

Illustration of a worker wondering about deductions on his payslip

Does your payslip comply with the law?

Payday is coming up and by law, all employers must issue employees with payslips when they pay them. You may have some questions about what exactly is on your payslip, what your employer is allowed to deduct and what to do if you don’t get one.

How bail applications work

How bail applications work, who qualifies for bail and what happens to the money that’s paid – Scorpion Legal Protection explains how the process works in SA.

Illustration of people related to court proceedings and bail

Types of bail and how they work

You or your lawyer can apply for bail at any stage of the court proceedings – but does this mean you need to go to court to apply for bail? Not necessarily. Did you know there are three different types of bail that the Criminal Procedure Act allows for? Scorpion Legal Protection explains what they are and how they work.

Illustration of a man paying an admission of guilt fine

Paying admission of guilt fines

If you are arrested and the police offer you the option of paying an admission of guilt fine, should you do it? Scorpion Legal Protection discusses the consequences of paying an admission of guilt fine and what you need to be aware of.

Illustration of a man being arrested for drunk driving

Drunk driving arrest procedure

Scorpion Legal Protection looks at what happens if you are stopped on suspicion of drunk driving. What are your rights? What are the police legally allowed to do?

Illustration of a man being tested for drunk driving

Drunk driving legal limits and laws

Scorpion Legal Protection looks at drunk driving laws, how many units of alcohol are in common drinks and the current legal limit.

Illustration of an employer lending an employee money

Can my employer loan me money?

How do employer-employee loans work? Can your employer charge interest on a loan? What about employers charging ridiculously high interest rates? Scorpion Legal Protection takes a look at what the National Credit Act (NCA) allows.

Illustration of an employer telling an employee that he is ending his fixed term contract

Fixed term contract changes

Can employers change when fixed term contracts end? What are your rights as someone working on fixed term employment? When it comes to fixed term contracts, the contract itself is very important in determining whether or not an employer can end the contract or change it before the contract’s end date. Scorpion Legal Protection discusses the laws that apply and what legal recourse you have.

Illustration of a man realising that he is a victim of identity theft

Identity theft: what to do

Fraudulent activity on your bank account like unexplained purchases and transactions, unauthorised debit orders, receiving statements for accounts you never applied for – these are all signs that you could be a victim of identity theft. Scorpion Legal Protection discusses and explains what you should do.

Illustration of employer informing a staff members that his work hours have been changed

Changing working hours verbally

Employers sometimes think they can change employees’ working hours if they want to without discussing it with the employees first. AZIKHIPHI! That’s not on! Scorpion Legal Protection explains why you have to be given notice to change your working hours, why both parties must agree on the changes and which labour laws apply.

Illustration of two South Africans watching a movie

Level 1 rules for sports, cinemas and events

Minister of Sport, Arts and Culture, Nathi Mthethwa, recently announced the new lockdown rules for level 1 under the Covid lockdown regarding events like sports, concerts, live events and movie theatres. Scorpion Legal Protection discusses the three things you need to know about the changes.

Illustration of a South African domestic worker

Compensation for domestic workers?

Domestic workers have not been able to claim for injuries at work, but new changes being introduced to the Compensation for Occupational Injuries and Diseases Amendment Bill may change this. Scorpion Legal Protection takes a look at what this means for domestic workers who get injured on duty.

Illustration of a woman prepared for a CCMA arbitration

3 must-know tips for CCMA arbitration

Going through arbitration at the CCMA can seem intimidating. Scorpion Legal Protection gives you 3 must-know tips to help you understand how the CCMA process works.

Illustration of a South African man questioning what he should know when he goes to the CCMA

Step-by-step guide on going to the CCMA

It can feel intimidating to seek help for legal labour issues from the CCMA if you’re not sure how it works. Scorpion Legal Protection explains step-by-step how to refer a matter to the CCMA.

Illustration of a protest in South Africa

Protests: What you need to know

You have the right to protest, but with this right comes responsibilities too. Scorpion Legal Protection explains how not to get in trouble with the law if you want to organise a protest:

Illustration of a woman pondering the laws related to retrenchment

Retrenchment myths debunked

When it comes to retrenchment, you may not know what exactly the law allows employers to do and what not – especially in light of the financial impact of the lockdowns. Scorpion Legal Protection takes a look at SA labour laws and debunks some common retrenchment myths.

Illustration of a waiter serving at a restuurant during Level 2 lockdown

Level 2 rules for food services

Although we’ve moved to alert level 2, many of the level 3 restrictions are still being kept in place for businesses that serve food and alcohol to the public. Scorpion Legal Protection explains the rules for restaurants, bars and other food services under alert level 2: Click to read the full article:

Illustration of a woman wondering whether she can be retrenched while on maternity leave

Can you be retrenched while on maternity leave?

With all the uncertainty around the job market and the financial troubles companies are facing, you may be wondering what happens if you need to go on maternity leave. Will you be targeted for retrenchment? What happens when you get back, can they tell you they’ve retrenched you and that you no longer have a job? Scorpion Legal Protection answers: Click to read the full article:

Illustration of a woman wondering whether she could claim for both injury and maternity pay

Can you claim for both injury and maternity pay

What happens if you’re booked off for an injury on duty (IOD) and then you need to go on maternity leave? Which benefit is the one you’re entitled to? Can you get both? What if your employer chooses to give you the smaller benefit? Scorpion Legal Protection looks at how these kinds of benefits work: Click to read the full article:

3 reasons you must do your taxes right

Tax season is here. Maybe you’re not sure if you should submit your taxes with everything that’s going on, or maybe you received one of the auto-assessment SMSes from SARS and think you’ll just accept it because it’s less effort. Here’s 3 reasons you must do your taxes right this tax season – Scorpion Legal Protection explains: Click to read the full article:

Illustration of a man being told that he has been demoted

Can employers demote you to save money?

Can your employer demote you as a way to save money? Scorpion Legal Protection discusses the law around demotion. Click to read the full article:

Illustration of a man deciding that he will not be going in to work this week

What is desertion from the workplace?

If you don’t go to work, when does it become desertion from the workplace? What does this mean? Scorpion Legal Protection discusses the labour law. Click to read the full article:

Illustration of a South African man wondering what is happening with relief payments

What’s happening with relief payments

What’s happening with relief payments? Scorpion Legal Protection explains what the Employment and Labour Ministry has said, what’s changed, and how to apply. Click to read the full article:

Illustration of a South African woman wondering how to refer a dispute to the CCMA

Referring a dispute to the CCMA

Today we’re discussing the process for referring a case to the CCMA. Many people know about the CCMA, but aren’t sure how exactly to take their issue to the CCMA, what they need and how the process works. Scorpion Legal Protection explains. Click to read the full article:

Illustration of a man at a salon during lockdown

Salons are open: what are the rules?

Since both formal and informal personal care services like barbers and hair salons, nail treatments, tattooing and the like are now allowed to operate under gazetted regulations, you might be wondering what rules and protocols they have to follow. Scorpion Legal Protection discusses. Click to read the full article:

Illustration of a worried woman who is being forced to go in to the office

Can I be forced to go in to the office?

“I’ve been working from home since lockdown started, until recently when I started going in half-day on an arrangement with my employer and getting someone to look after my kids while I’m away. This morning my employer called me to say if I do not return full-time on Monday morning I will not be paid.” Scorpion Legal Protection answers. Click to read the full article:

Illustration of a 61 year old woman wondering if she could be forced into early retirement

Can I be forced into early retirement?

“I’m 61 years old and I’ve been working for the same company for the last 36 years. They want me to take an early retirement package, but are only offering one week’s pay for every year of employment I have left. What is the minimum pay they can give me?” Scorpion Legal Protection answers. Click to read the full article:

Illustration of a South African man who has been sequestrated but has no income

Sequestrated but I have no income

Today we look at what happens if you have debt that you can’t repay and you get sequestrated, which means the courts take legal possession of your assets. What happens if you are sequestrated but you have no assets and no income? Scorpion Legal Protection answers. Click to read the full article:

Illustration of a South African wondering about the need for a permit to attend a court case

Do I need a permit to attend a court case?

Under lockdown level 3, if someone travels to Cape Town for work but has to come back to Gauteng for a court case, does he need a permit? And if so, where do I obtain said permit? Scorpion Legal Protection answers. Click to read the full article:

Illustration of a South African man questioning being dismissed during lockdown

Dismissed during lockdown, where’s my money?

This week, Scorpion Legal Protection takes a look at a case of a man who was dismissed during lockdown but says his employer still owes him wages for 8 days of work. We discuss what he can do. Click to read the full article:

Unable to pay rent due to lockdown?

Unable to pay your rent because lockdown left you with no income or not enough to make payment? Scorpion Legal Protection answers the question of whether or not you’re obliged to pay rent for this time, evictions, and what you can do. Click to read the full article:

Dismissed for fetching medication?

When this employee left work to go to the clinic to fetch his medication, his employer told him he doesn’t want him coming back to work because he will catch the virus and spread it to everyone else. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what the law says. Click to read the full article:

Prayer meeting disturbed by police

What are the rules when it comes to prayer meetings? Scorpion Legal Protection takes a look at a case of a prayer meeting disturbed by police, and explains what is and what is not allowed under Alert Level 4. Click to read the full article:

Unfairly dismissed for not reporting to work

Unfairly dismissed from work for not reporting? Scorpion Legal Protection takes a look at a case of a woman who was fired because she refused to come to work at the nail salon, or go to people’s homes like her boss told her to. Click to read the full article:

Illustration of a South African man who was assaulted by the police

Assaulted by police?

Police misconduct under national lockdown? Scorpion Legal Protection takes a look at a case of a man who says he was socialising with his friends when the police allegedly assaulted him and his friends and humiliated them by ordering them to jump up and down in front of the neighbours. Click to read the full article:

Illustration of a domestic worker at work during lockdown

Domestic work during lockdown

We look at the case of a domestic worker whose employer is telling her she must report for duty, and whether or not she can refuse because of the risk of being exposed to coronavirus. Scorpion Legal Protection explains what the law says here:

Illustration of a South African man wondering whether he has credit insurance

Check if you have credit insurance

If you have debts, you should check if you have credit insurance that may be able to help you pay your debts during the lockdown and after – you may have it without even knowing about it. Scorpion Legal Protection explains what it is and what the law says here:

Illustration of a South African worker questioning whether her employer is responsibility for PPE

Employers’ responsibility for PPE

Wondering what your employer’s responsibility is with regard to providing workers with personal protective equipment (PPE)? Scorpion Legal Protection breaks down what the law says here:

Illustration of a South African man receiving a retrenchment notice via a telephonic message during lockdown

Is retrenchment different in lockdown?

Does retrenchment work differently during the lockdown? Scorpion Legal Protection answers some of your questions. Read more here:

Illustration of a frustrated South African man who does not know how to claim from TERS during lockdown

Not getting paid during lockdown?

Not getting paid during lockdown? Scorpion Legal Protection explains what employers need to do to claim from the new Covid-19 Temporary Employee/Employer Relief Scheme (TERS). Click to read the full article:

Illustration of a contractor who got injured at the workplace

Workplace injury nightmare

What happens if you get injured in the workplace but you’re a service provider or independent contractor, not an employee? Scorpion Legal Protection explains your rights and what you can do:

Illustration of a South African worker who has received news with regards to the mew minimum wage

New minimum wage for SA workers

South Africa’s minimum wage has increased to R20.76 per hour. This is an increase of 3.8% on the previous R20, which came into effect on 1 January 2019 when a legal minimum wage was introduced in SA for the first time. Certain categories of workers have lower minimum salaries.

Illustration of an unhappy employee who has experienced workplace bullying

Can you do anything about workplace bullying?

Workplace bullying can take a heavy toll on employees, threatening their mental and physical health, and may even result in them losing their jobs. But is there actually anything you can do about it legally? Scorpion Legal Protection takes a look at what the law says:

Illustration of a South African man who is unhappy because medical aid is refusing to pay

Can you force your medical aid to pay?

You rely on your medical aid to pay out when you need it to, but what happens if they refuse to pay for essential medical care or reject a life-saving procedure? Is there anything you can do about it? Find out here:

Illustration of a South African man who regrets and wishes to take back his resignation

Can you take back your resignation?

In an angry moment, you decide to quit your job, but after cooling off, you realise it was a mistake. Can you take back your resignation? Scorpion Legal Protection chats about this:

Illustration of an employee who is enraged since his salary is late again

“My salary is late again!”

Can you do anything if your employer pays your salary late? Scorpion Legal Protection discusses:

Illustration of a South African job seeker who is wondering whether he could get jail time for lying on his CV

Jail time for lying on CV?

New legislation means you could get jail time for lying on your CV. Scorpion Legal Protection discusses the law:

What role does the ombud play?

Not sure who to complain to or why? Read more to find out.

What role does the ombud play in society? If you complain to an organisation and they don't sort things out, the ombud is the person/people at the top of the complaints ladder that you can turn to for help when all else has failed.

Date added: February 2019

Illustration of a South African man who has reported his landlord to the RHT

REPORT YOUR LANDLORD TO THE RHT

We discuss what responsibilities your landlord and you have to maintain after reporting.

Date added: February 2020

Illustration of a South African man shocked to realise that he is blacklisted

UNFAIR BLACKLISTING?

Did you know you can challenge the credit bureaus? Click to read more.

Date added: February 2020

Illustration of a woman whose neighbour’s dog is driving her mad

Neighbour’s dog is driving me mad

The first thing you should do is make your neighbour aware of the situation and try to find a solution.

How to enforce a settlement agreement

Unlike dismissals due to misconduct or poor performance, dismissals (retrenchments) for “operational requirements” are “no fault dismissals”, which means that the employee did not do anything wrong.

Illustration of a woman questioning why she is being retrenched

Dismissed for “operational requirements”

What is a Section 189 process, and what does it mean to be dismissed for “operational requirements”? We discuss:

Illustration of a South African woman declaring that she wants them out of her house

It’s my house, move out!

I bought a house cash, but the adult children of the seller are refusing to vacate the house, what can I do about it? We look into the issue:

Illustration of a woman stating that she will not do something because it is not in her job description

It’s not in my job description

Can my employer expect me to perform duties that are not in my contract? We look into the issue:

Illustration of a woman asking for another credit card while on debt review

CAN YOU GET CREDIT IF YOU’RE UNDER DEBT REVIEW?

We tell you what the law says about debt repayment.

Date added: January 2020

Illustration of a woman questioning her employer on why she cannot take more leave when she has not exceeded her allowed leave days yet

MINIMUM LEAVE DAYS, BY LAW

Employers sometimes try to get away with giving workers less than what the law says.

Date added: January 2020

Illustration of a despairing South African man who was suspended without pay

Is suspension without pay fair?

Is suspension without pay fair? Scorpion Legal Protection looks into the issue:

Illustration of a woman wondering whether she must pay a minimum wage

Learnership must pay a minimum wage

Did you know that learners doing a learnership with a company are legally entitled to prescribed minimum wages? Scorpion Legal Protection looks into learnership allowances and the law:

Tired of waiting for the RAF to pay out

I lodged a claim with the Road Accident Fund (RAF), when will I get my money? Scorpion Legal Protection looks into the RAF’s processes and what you can expect:

Illustration of a South African woman who wants to resign with immediate effect

Can I resign with immediate effect?

Can you resign with immediate effect even if your employment contract says you must give 8 weeks’ notice? We discuss what the law says:

Tips to avoid getting scammed online

With so much of what we do being online these days or through apps on our phones, cyber criminals are getting smarter and smarter at targeting their victims.

Date added: December 2019

Illustration of a South African man questioning why he is being asked to pay for an interview

THE FAKE JOB SCAM

According to the Financial Intelligence Centre, it’s one of the biggest scams South Africans fall victim to.

Date added: December 2019

Illustration of a woman holding a device and reading Forex Scam WhatsApp Messages

THE WHATSAPP FOREX CON

Another ‘investment’ scam doing the rounds – here’s what you need to look out for.

Date added: December 2019

Illustration of a man checking the security of a website in the browser

ARE SOME SITES SAFER THAN OTHERS?

Here’s how you can check – it’s not a foolproof way to avoid getting scammed, but it's a good first step.

Date added: December 2019

Illustration of a South African employee considering that his employer wants to take away his benefits

Employer wants to take away my benefits!

If your employer has been paying you a bonus for the last 18 years and then all of a sudden wants to stop paying it, is there something you can do?

Illustration of a South African woman demanding that her landlord pays back her deposit

Landlord won’t pay back my deposit!

Jabu’s landlord is full of excuses and reasons why he needs to use her deposit money to pay for repairs – even though at the outgoing inspection Jabu and the landlord agreed that there were no damages. We discuss what she can do.

Illustration of a South African worker who was told that he would be fired if he does not buy his own uniform

Can my boss make me buy my own uniform?

Can your employer force you to pay for a uniform if your job requires it? We discuss what the law says.

Illustration of a South African employee wondering what a `Notice to consult` is

Notice to consult – the details

Facing possible retrenchment? Find out what your employer’s notice to consult letter should look like, why it’s important and when you can take legal action.

The different kinds of roadblocks

There are two kinds of roadblocks in South Africa that perform different functions. Read more to find out when they can search you and when not.

Date added: November 2019

Illustration of a car being stopped by a traffic officer in South Africa

THEY CANNOT FORCE YOU TO PAY

Can the police force you to pay traffic fines on the spot? Read more to get the answer.

Date added: November 2019

Illustration of a South African man thinking about paying his fines

CAN YOU RENEW YOUR LICENCE IF YOU HAVE FINES?

The answer – yes and no, it depends. Click here to read what the law says.

Date added: November 2019

Illustration of a man who is questioning why a job that was promised to him was given to someone else

You promised me the job, now what?!

Nono’s manager promised her she would be first in line for a new job opportunity at their company, but a month later she had given it to another employee. Does she have a case for ‘breach of promise’?

Illustration of a retired taxi driver who can’t get his pension money

Taxi driver can’t get his pension money

“I’ve been driving taxis for over 20 years, now they are refusing to give me my pension fund and benefits – what can I do?” Scorpion Legal Protection discusses how claiming from your pension fund works and what the law says.

Illustration of a South African man at the scene of an accident who is worried that insurance is going to scrap his car

Do I get money if my insurer wins the case?

If you’re involved in a car accident and your insurance takes the other driver to court, will you get paid out some of the money if they win the case? We discuss what the law says.

Illustration of a group of South African workers who are taking part in a legal strike

Can striking be seen as absconding from work?

What does a protected strike have to do with absconding from work? Are they the same? Related? We discuss what the law says.

Illustration of a man who has been unlawfully arrested

Unlawful arrests: what you need to know

Unlawful arrests happen, here’s what you need to know about them.

What happens if you get caught driving drunk in a roadblock?

Drunk driving is never a good idea. Here’s what happens if you get caught.

You will be arrested for being over the limit: If you are suspected of drinking and driving, you will be breathalysed. If the breathalyser tests positive (and you are found to be over the legal limit), the police are entitled, under Section 40(1) of the Criminal Procedure Act 51 of 1977 (the CPA) to arrest and charge you.

Date added: October 2019

DRIVING WITHOUT A LICENCE

If you get caught driving without a licence, what are the police or metro police legally allowed to do?

Date added: October 2019

Illustration of a woman who's phone is being stolen

WHAT TO DO IF YOUR PHONE GETS STOLEN

They’re one of the most sought-after items for thieves, here’s what you need to do if yours gets stolen.

Date added: October 2019

Illustration of cars driving down a road with a hidden speeding camera

ARE HIDDEN SPEEDING CAMERAS ILLEGAL?

Motorists are often unsure about this question. Here’s what the law says:

Date added: October 2019

Illustration of a South African man wondering why he has not received an annual bonus

Where’s my bonus?!

Mzwakhe wants to know why he hasn’t received his annual bonus yet – he’s been working for his employer since 2017 and still nothing. Scorpion Legal Protection discusses what the law says on the payment of bonuses.

Illustration of a South African man who was fined for overloading his bakkie as instructed by his boss

Unfair fine for overloading!

Johannes was fined by metro police because his bakkie was overloaded. The problem is, his boss is the one who instructed him what he needed to load on the bakkie. Who does the law say is responsible for the fine? Scorpion discusses.

Illustration of a South African woman who is requesting her backpay and provident fund money

Retrenched - give me my backpay!

Precious was retrenched, and says her employer owes her backpay as well as provident fund money. She’s scared they will just vanish and never pay her out. Scorpion Legal Protection discusses what the law says about this and what’s due to retrenched employees according to the law.

Illustration of a South African man who is concerned because the sheriff, who was supposed to go to court to get his money back, has vanished

Sheriff vanished, where’s my money!

Blessing paid the sheriff of the court to get his money back, but now the sheriff has vanished and he doesn’t know what to do. Scorpion Legal Protection discusses how sheriffs work in SA, and what Blessing can do.

Can you use lethal force to protect your property?

What are your rights when you're faced with an intruder on your property who could potentially do you and your family harm?

Can you use lethal force to protect your property, and if so, when? What are your rights when you're faced with an intruder on your property who could potentially do you and your family harm? The basic rule on the right to use force to defend yourself or your property is that the use of force must be proportional to the harm: your defensive act may not be more harmful than necessary to ward off the attack from the intruder.

Date added: September 2019

Illustration of two dogs behind a fence with a warning sign

YOU ARE RESPONSIBLE FOR YOUR DOGS

If your dogs attack or injure someone, you could be held liable for the damages – even if it was an unlawful trespasser who got injured.

Date added: September 2019

Illustration of a South African worker announcing that the minimum wage is R20 per hour since January

MINIMUM WAGE UPDATE

The new minimum wage according to the introduction of the National Minimum Wage Act and the amendment of the Basic Conditions of Employment Act (BCEA).

Date added: September 2019

Illustration of a sales rep who is frustrated at the consquences of a bumper bashing accident

Bumper bashing disaster for sales rep

Martin says he was parked when an elderly man reversed into him and damaged his car. His car is at the panel beater, but he’s a sales rep, and needs to be able to get to clients for his job. Who’s responsible for this mess? Scorpion Legal Protection discusses how insurance works and what the law says.

Illustration of a new dad holding his baby and wondering how much paternity leave he will get

How much paternity leave will a new dad get?

John’s wife just had a baby, and he wants to be there to help out. How much paternity leave do dads in South Africa get? Scorpion Legal Protection discusses what the law says.

Illustration of a frustrated South African man who realised that his ex-boss lied about paying his provident

Ex-boss lied about paying my provident

Siviwe found out that his former employer had been making provident fund deductions from his salary every month, but never paid them over to the provident fund. What can he do? Scorpion Legal Protection discusses what the law says, and what action Siviwe can take.

Women still have a long way to go

Gender inequality is still an issue in the South African workplace. What is your take on things?

Our history is full of brave women who fought for our rights, and we owe it to them to make full use of what we've achieved. Empowerment lies in knowing your rights, and helping others to know theirs. As far as gender equality goes, South Africa still has a long way to go. The African Gender Development Index (AGDI) study found that more...

Date added: August 2019

UNFAIR WORKPLACE DISCRIMINATION

Feel like you’re being discriminated against unfairly because you’re a woman in the workplace? Here’s how to handle it.

Date added: August 2019

Illustration of a woman at a car dealership questioning why she is being charged differently to her husband

WHEN CAR DEALERSHIPS DISCRIMINATE

Women often feel intimidated by the men at car repair workshops, because even if they felt they were getting charged more than a man would, they couldn't really argue against it because they didn't know enough about cars. Here’s what the law says.

Date added: August 2019

FEELING UNSAFE PULLING OVER FOR POLICE

What if the police are trying to pull you over, but you don't feel safe stopping your vehicle? Here’s what you should do.

Date added: August 2019

Can I be forced to take a lie detector test?

Can your employer force you to take a lie detector test? Scorpion Legal Protection discusses what the law says and how the tests work.

Ex-boss taking money from my salary!

Mqondisi found unlabelled deductions being taken from her salary when she inspected her last payslip. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what the law says about this and how salary deductions work.

Where can I check my credit score?

Donald wants to apply for finance for a car, but before he does this, he wants to know what his credit score is. Scorpion discusses where to find this information.

Dealing with a deceased’s estate

Ellen’s brother passed, and her family was told they needed a ‘letter of authority’ to deal with his estate. She has no idea what this is, or where to get it. Scorpion Legal Protection discusses how estates work.

Ghost promotion: more work, same pay

Patrick says that he works as a general worker and also as an assistant supervisor, but his boss won’t pay him any more than what he pays the other general workers. This doesn’t seem fair… Scorpion discusses what the law says, and what he can do about his situation.

How do I know when it's unpaid leave?

Ornella wants to take leave, but she is new at her company and is not sure if she will be paid while she is on leave, or if these days will come out of her salary. Scorpion discusses how leave works according to SA’s labour laws.

Avoid getting scammed during tax season

Here are some tips from SARS to avoid getting caught in a scam.

Not sure what’s legitimate and what’s a scam? Here are some tips from SARS to avoid getting caught in a scam.

Date added: July 2019

SCAM EMAILS THAT LOOK LIKE THEY COME FROM SARS BUT DON'T

Beware of emails that look like they come from SARS. Scammers are using emails to fool people into giving out important personal information that they can then steal to use fraudulently. Two of the email addresses identified as scam by SARS are returns@sars.co.za and refunds@sars.co.za. The scammers trick people by saying that they are eligible to receive a tax refund, and these emails have links to false forms and fake websites made to look like the “real thing”, but with the aim of fooling people into entering personal information like their bank account details. #StaySmart

Source: www.sars.gov

Date added: July 2019

THE SCAM SARS IS WARNING PEOPLE ABOUT

Every year scammers try to take advantage of people doing their taxes. SARS has warned about the latest scam involving an eFiling letter notification (have a look at the image to see what this scam looks like). Members of the public are randomly emailed with false “spoofed” emails made to look as if these emails were sent from SARS, but are in fact fraudulent emails aimed at enticing unsuspecting taxpayers to give out important personal information like their bank account details. Stay sharp! #StaySmart

Source: www.sars.gov

Date added: July 2019

New minimum wage for
contract cleaners

Dorah applied for work as a cleaner, but when her new employer told her she would only be getting R15 per hour, she was a bit upset. She doesn’t know what exactly the minimum wage is for cleaners, but it has to be more than that! Scorpion Legal Protection explains what the minimum wage for cleaners is by law.

No employment contract, now what?

Promise started work as a receptionist for a small company, but after 2 months she still didn’t have an employment contract. Her boss hasn’t said anything, and now she’s not sure if she should ask him or just leave it. Scorpion Legal Protection discusses employment contracts and whose responsibility it is to provide one.

I resigned, can I claim constructive dismissal?

Johannes says that when his boss changed him from a reaction officer to an armed guard, without any discussion or consultation, his working conditions became intolerable. Things were so bad that Johannes felt he had no other choice but to resign. Is this a case of constructive dismissal? Scorpion Legal Protection discusses his options.

Boss won’t let them take a break

Ernest’s boss is a real jerk – he won’t let his employees rest for even 15 minutes of the day because he says he’s paying them to work, not sit around. AZIKHIPHI! That’s not on! The law is on Ernest’s side. Read more to find out what he can do:

Car workshops: What are your rights

When it comes to having your car repaired or towed, both you (as the owner of the vehicle) and the service provider are protected by the law.

You have the right to good quality service and to have your car properly looked after while it's in the workshop or towing company's possession. If you feel that they have not performed these duties, or worse yet, stolen goods from your vehicle, you have legal rights and can take action.

But you also have the responsibility to pay for the services they provide, and if you don't or can't, then the service providers have a legal right to keep your car until you pay what you owe them, and if you don't, they can institute legal action against you to be allowed to sell your car to make up the money you owe them.

As always, make sure you read the fine print of any contract you sign so you understand the terms and conditions properly, and don't get a surprise later on.

Date added: June 2019

WHAT'S A FAIR PRICE FOR CAR STORAGE AT A WORKSHOP?

What is a fair price to be charged when your car is stored by a towing company or workshop? Well, the answer is not simple. There is no standard fixed storage fee for the industry. The Competitions Act does not allow industry-wide fixing of prices by any industry, which will lead to investigation by the Competition Commission and possible prosecution in the Competition Tribunal, as it is illegal. (Anti competitive.) The South African Towing and Recovery Association (SATRA) advises that prices between R100 and R450 per day are currently being charged. The average is around R200. It will depend on the towing operator who towed your vehicle what is being charged - it could be a guy who stores your vehicle in his backyard or a professional towing company that has a properly secured towing yard with 24-hour manned security.

Date added: June 2019

WATCH OUT FOR TOW TRUCK SCAM OPERATORS

Tow truck operators can be unscrupulous when they spot a vehicle in an accident, and can hook your car up to tow before you get a chance to refuse, charging you whatever they want for this service later. AZIKHIPHI! That's not on! Look for tow truck operators that are part of the South African Towing and Recovery Association (SATRA) and UTASA (United Towing Association of South Africa). They are bound by an enforceable code of conduct that protects you, the consumer, from being charged above market-related rates. #StaySmart

Date added: June 2019

Can recordings be used against you?

Did you know that in certain circumstances an employer can use recordings against you at a disciplinary hearing, even if they were obtained without your consent? Scorpion Legal Protection talks about when and why it’s allowed and what the law says about this.

What does it mean when you get an e-toll summons?

When Steven received a summons for his outstanding e-toll bills, he thought nothing of it, and chucked it in the bin. But he was a little worried, and had some questions. What is a summons and is it legally binding? Scorpion Legal Protection discusses the issue.

Employer refuses to pay out leave

When Nkosazana resigned, she questioned her employer about why he hadn’t paid her out for the leave days she didn’t take. He told her he’s sorry but she should’ve taken the leave days when she had the chance. AZIKHIPHI! That’s not on! Scorpion discusses why her former employer could get in trouble with the law.

Can you refuse to sign a warning?

Linda* wasn’t aware of her company’s policy when it came to streaming music, so when HR dropped a written warning on her desk for streaming music, she was shocked. She doesn’t want to sign the letter, but she’s not sure what will happen if she refuses. Scorpion discusses how warnings work and what Linda’s options are.

Debt paid up but still on his name

Siyabonga’s employer accused him of stealing, and claims he has CCTV footage of the event. Can CCTV footage be used at the CCMA? Scorpion Legal Protection discusses the laws that apply.

You bought a faulty car, now what?

What do you do if you’ve bought a brand-new or good quality used vehicle and then realise that the vehicle you bought is defective, damaged or not fit for the purpose for which you bought it for?

Date added: May 2019

CPA SAYS YOU CAN'T JUST CHANGE YOUR MIND

The Consumer Protection Act protects both buyers AND sellers of motor vehicles. If, for example, you've bought a car and then later decide that it's too expensive or you don't like it as much as you thought you would, you don't have the same rights, and can't just demand a replacement or refund. The CPA only covers you for defects or quality issues, or if the car is not fit for its intended purpose. If you simply find that you don’t like it and want a refund, that would be subject to the return policy of the particular seller. Make sure you're 100% happy with your purchase before you sign on the dotted line. #StaySmart

Date added: May 2019

VEHICLE WARRANTIES: READ THE FINE PRINT

Not sure what parts of your car are covered by the manufacturer's warranty? Each manufacturer will have their own specific warranty, so make sure you check your car's documents carefully, but in general, parts that fall under the warranty are things like the engine, gearbox, electrical components, fuel system, audio system and sensors. A motor warranty does not cover you for general wear and tear (like windscreen wipers and tyres) or damage as a result of your own negligence (you failed to take proper care of the car). #StaySmart

Date added: May 2019

WHAT YOU MUST INCLUDE IN A PRIVATE CAR SALE

A private car sales agreement is legally binding as long as it includes the following:

The item for sale must be specified. While it is not necessary to be 100% precise, the more information listed, the better.

The name of the person selling the vehicle should be listed and notice must be made of their intention to sell the vehicle.

The name of the person buying the vehicle should be listed as well as their intention to purchase the vehicle.

#StaySmart

Date added: May 2019

Can CCTV footage be used at hearings?

Siyabonga’s employer accused him of stealing, and claims he has CCTV footage of the event. Can CCTV footage be used at the CCMA? Scorpion Legal Protection discusses the laws that apply.

Forced to take leave when company closes

Mbongeni’s* company closes every year for 10 days over the December holiday period, and every year the staff take their annual leave over this same period. This year, Mbongeni wants to take his annual leave over the Easter holidays, but his employer says he can’t. Can his employer do this? What are Mbongeni’s rights?

Scared to ask for maternity leave?

Ntshadi* knew she was pregnant a week before she went for a job interview. Seven months later at her new job, she tells her employer that she will need to go on maternity leave soon and he freaks out. What if he fires her because she didn’t tell him she was pregnant? Or gets someone else in her place and tells her not to come back? Scorpion discusses why that would be a very bad idea for her boss and how the law protects her.

Watch out for RDP scams

Andile* was struggling to find a place he could afford. He’d heard about a guy who could get you onto the waiting list for an RDP house and then bumped up on that list too. It sounded like a wish come true! But aren’t RDP houses run by the government for the poor? Scorpion discusses how RDP houses work and why these ‘get a house quick’ schemes are illegal.

4 THINGS TO DO BEFORE SIGNING YOUR LEASE

Renting or buying property is usually one of the biggest monthly expenses you'll have. Make sure that you have all the information you need, and don’t let anyone pressure you into signing an agreement without reading through it carefully. Here are 4 things to do before signing on the dotted line:

Date added: April 2019

OUTGOING INSPECTION IS A MUST

When you leave a rental property, you must insist on an outgoing inspection and demand a statement of the deductions made from your deposit together with the receipts for any repairs taken from your deposit. #StaySmart

Date added: April 2019

WELCOME TO THE BODY CORPORATE

When you purchase a property in a sectional title scheme (like a complex), you automatically become a member of the body corporate. Owners are automatically bound by the rules of the body corporate. It's the buyer's responsibility to request a copy of the body corporate rules before purchasing the property. Make sure you know what you're buying into. #StaySmart

Date added: April 2019

THE RENTAL HOUSING ACT PROTECTS YOU

Sometimes a landlord might ask you to sign a lease agreement where you promise not to enforce some of your rights. For example, that the landlord doesn't have to give you a written statement for all payments made and received by him/her, like water and lights bills, etc. However, even if you sign a lease like this, the law of contracts and the Rental Housing Act mean that this lease will be invalid and the landlord will not be able to enforce it. #StaySmart

Date added: April 2019

Company withholds his provident claim forms

Damion left his previous company on bad terms. To ‘get back’ at him, the company refused to give him a copy of the provident fund withdrawal notification form, which means Damion can’t get hold of his provident fund. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what he can do.

Scammed by shady debt counsellor

Amanda’s debt counsellor has been doing shady things like charging her “collection commission” and not responding to her creditors. As a result, one of her creditors came to repossess her car. Now she has to pay to take the taxi to work every day, and she is already struggling with her money! AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what she can do.

Unhappy about SAPS investigation

When Kabelo’s car was stolen, he expected the police to investigate the case as soon as possible. But two months later, it appears that they still haven’t done anything and now he wants to know if there’s anything he can do about it. Scorpion Legal Protection discusses.

Hospital mistreated her: can she sue?

Mama Sihle says she experienced terrible mistreatment 7 years ago at the hands of the hospital where she had her child. The incident has left her traumatised for life, and because of this she wants to know if she can open a case against the hospital. Scorpion Legal Protection discusses.

CHECK YOUR EMPLOYMENT CONTRACT CAREFULLY

You might be super excited to finally receive that employment contract and get working, but it's important that you read through it carefully instead of just signing on the dotted line. It's a legally binding commitment you make to the employer, so you need to make sure that you have a clear picture of what you’re getting into.
Here are 6 things to always check before signing an employment contract:

Date added: March 2019

YOU MUST WORK YOUR NOTICE PERIOD

You cannot just decide to not work your notice period when you resign from a job. If you haven't reached an agreement with your employer to waive the notice period required by your employment contract, you will be in breach of contract if you don't report for work, and your employer will not have to pay you for your notice period. #StaySmart

Date added: March 2019

DANGEROUS CONDITIONS ARE ILLEGAL

It is illegal for any employer to have employees work in dangerous or unsafe environments. Examples of unsafe environments include things like defective equipment, fire hazards, poor air conditions (like in mines or factories), and dirty and cluttered workplaces where employees could, for example, trip on extension cords that were not put away properly or slip and fall on dirty staircases. #StaySmart

Date added: March 2019

NO DISCRIMINATION FOR JOINING UNION ALLOWED

No employer can stipulate in an employment contract that employees are prohibited from joining a trade union. This is considered an 'unlawful clause', which means that even if it's in your employment contract, it's illegal, and you cannot be fired if you go against it. #StaySmart

Date added: March 2019

Circumcision - can you take sick leave?

Sakhumzi* went for circumcision, and was booked off from work for three days after to heal. When he got back to work, his boss said he would not pay him for those three days because it was a “personal problem” and not a medical one – even though he submitted a doctor’s note. Is his employer right?

Boss can’t punish you with short time

Malusi* was called in by his employer for poor work performance. His employer decided that since he was not performing well, he would put him on short time. AZIKHIPHI! That’s not on! Short time is not something employers can use as a disciplinary measure!

Boss makes life unbearable

When Kopano spoke up against the unfair treatment his boss gave his co-workers, his boss started treating him badly to – to the point where Kopano felt all he could do was resign to get away from him. AZIKHIPHI! That’s not on! This is called constructive dismissal, and while it can be difficult to prove, it’s not impossible. How do you know if you have a case of unfair dismissal?

Warning for missing one meeting!

Mohamed missed one meeting and got a written warning from his employer. AZIKHIPHI! That’s not on! Employers can’t just dish out warnings without following procedure. Find out more about warnings in the workplace, when they’re fair and what to do if you don’t agree with a warning.

HOW DO YOU PROVE CONSTRUCTIVE DISMISSAL?

Constructive dismissal is the ultimate workplace bullying. It's when your employer makes working for him/her intolerable, to the point where you have no other option but to resign. Constructive dismissal can be hard to prove, because the responsibility to prove constructive dismissal is on the employee.

The employee must be able to prove that:

Date added: February 2019

CHARGING FOR A QUOTE IS ILLEGAL

Workshops, mechanics and other motor-related repairmen are not allowed to charge you for any diagnostic work or inspections they need to perform in order to give you a quote, unless they've discussed this with you beforehand and you've agreed. #StaySmart

Date added: February 2019

YOU CAN DEMAND TO SEE THE ACCOUNT

As a tenant, you can demand to see the landlord’s municipal account to check the charges he/she passes onto you – like water and electricity. #StaySmart

Date added: February 2019

UNFAIR DISMISSAL: DON'T WAIT, GO TO CCMA

If you have a labour problem, it is very important that you take steps immediately. In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case, if the case is an unfair labour practice, you have only 90 days and, with discrimination cases, you have six months. #StaySmart

Date added: February 2019

Employer making unexplained salary deductions

Ayanda’s employer is deducting things from her salary, but these deductions aren’t on her payslip, and she thinks he might be taking money from her unnecessarily. When she asks him, he tells her to “stop being clever” and the deductions continue to go off every month. Can he do this? Scorpion Legal Protection discusses the law when it comes to salary deductions.

Brother is hiding father’s will

When Mr Mqhamzana* passed away, he left a will detailing how his assets were to be distributed among his children. Nomvula’s* brother is in possession of the will, but refuses to show it to her or provide her with it so that she can claim what her father left to her. What can she do? Scorpion Legal Protection discusses estates and what you can do if you find yourself in a similar situation.

Fired for being sick!

Nkibelo* is a salesperson at a big company. Lately, he hasn’t been feeling too well. He’s been working extra hard to make his targets, and then one day while he was visiting a client, he fainted. They took him to hospital, and he was diagnosed with extremely low blood pressure. The doctor booked him off work for a week to recover, but on day three, Nkibelo’s boss called him to tell him he’s fired.

Employer is still not paying up

When Daniel won his case at the CCMA, he was relieved. Finally he would get paid out. The court ordered his employer to pay him out R18 900, but it’s months later and it seems like his former employer is just ignoring the court order! How can he force his employer to pay up? Scorpion Legal Protection answers this question.

Can Mpho claim UIF illness benefits for diabetes?

Mpho didn’t know she had diabetes, and became very ill. She had no more sick leave left, so when she had to take off work for health problems, her employer did not pay her a salary. She wants to claim from UIF, but her boss told her that it’s only for ‘serious’ diseases like cancer or AIDS. AZIKHIPHI! That’s not true. Scorpion Legal Protection discusses how to claim UIF illness benefits.

WHAT TO DO IF A SUPPLIER FAILS TO COMPLY WITH THE CPA

What can you do if a supplier fails to comply with the Consumer Protection Act?

You should lodge a complaint with the supplier. Get your complaint in writing so you have proof of the conversation. If you lodge your complaint over the phone, ask for an e-mail address in

Date added: January 2019

YOU MUST BE ALLOWED TO EXAMINE IT FIRST

Companies must deliver goods that match the sample or description of the product. You have the right to examine your purchases before accepting them, and reject them if you’re not happy. #StaySmart

Date added: January 2019

NO MORE AUTOMATIC CONTRACT RENEWALS

Automatic contract renewals are no longer allowed under the Consumer Protection Act. Companies will have to contact you – in writing – between 40 and 80 business days before your contract expires. They have to give you the option to continue your contract, change its terms or cancel it. #StaySmart

Date added: January 2019

VOETSTOOTS NOT LEGAL ANYMORE

'Voetstoots' is no longer allowed under the CPA – stores and suppliers, even pawn shops, must let you know of all defects with the product you are looking to purchase. The Consumer Protection Act protects your right to good quality products in good working order that are fit for their purpose. #StaySmart

Date added: January 2019

IF THE PRODUCT FAILS AGAIN, TAKE IT BACK!

If you purchased faulty or unsafe goods, and returned them to the supplier for repairs only to have the product fail again within three months, the supplier must replace them or refund you, provided you did not cause the damage deliberately or due to gross negligence. #StaySmart

Date added: January 2019

How does family responsibility leave work?

Mary wanted to take family responsibility leave to grieve the passing of a family member, but her employer refused to approve it until he knew which family member it was for. Mary didn’t understand why this was necessary, family is family and this is her family responsibility leave to use or not use. Scorpion Legal Protection discusses family responsibility leave, how it works and why her boss would ask her about it.

Can my boss force me to work on Christmas?

Mpitse’s* boss says he has to work on Christmas, but he’s already made plans with his family. AZIKHIPHI! That’s not on! When can employers force you to work, and how does annual leave work when it comes to the holiday season?

Store refuses to fix faulty goods

Tito was so excited when he bought his family a new home theatre system for the holidays. But just two weeks later, his speakers were no longer working. AZIKHIPHI! That’s not on! He paid good, hard-earned cash for his goods from a reputable store; they must take responsibility and fix it! What legal recourse does Tito have?

Fired for car accident

When Thulani had a car accident in the company car, his boss fired him on the spot and didn’t pay him his salary. A car accident is serious, but surely an employer can’t just fire an employee? Scorpion Legal Protection answers this question.

TIPS FOR DRAFTING YOUR WILL

Tips for drafting a will:

Keep your will updated when your life circumstances change, for example a birth or death occurs
When creating your will, consider who you leave your assets to carefully. Leaving unspecified assets to multiple beneficiaries could lead to issues, for example, fighting over trying to share a house inherited by two people
If you have children younger than 18, you should appoint someone as their legal guardian in the event of your death
Create a testamentary trust to protect children younger than 18 who stand to inherent possessions when you die
Nominate an executor in your will. An executor is the person tasked with the administration of your estate when you die. An executor also assists with the distribution of your assets to the beneficiaries stipulated in your will
Heirs (the legal inheritors of something) must be clearly identified by full names, surname, relationship and identity number
Ensure that you understand each clause in the drafted document and that the will accurately reflects your wishes
You must ensure that each page of the Will, including the last page, is signed by yourself(testator). The Will must also be signed by two competent witnesses. A person will qualify to be a competent witness if s/he is 14 (fourteen) years of age or older.

Date added: December 2018

PAYOUTS ARE TAXED

If you have a pension/provident fund, you have the option to take a part or full lump sum payout when you retire or change jobs (depending on your specific fund). But all lump sum payouts, whether as a result of retirement or not (and from an employer in respect of a severance benefit), are taxed. #StaySmart

*This does not constitute financial advice.

Date added: December 2018

LICENCE FOR EACH FIREARM

A firearm licence only covers one firearm. For every firearm you own, you need to have a separate firearm licence, or you could get into trouble. #StaySmart

Date added: December 2018

YOUR WILL MUST BE SIGNED BY WITNESSES

When you draw up a will, you should make sure that you and two witnesses sign your will on each page and next to anything that you may have amended. Witnesses should be people who have no interest in the will, and their signatures merely acknowledge that they saw you sign your will. They do not have to know the content of the document. When you sign your will, it is preferable not to ask family members or anyone else who could be an heir or the spouse of an heir to sign as a witness. #StaySmart

Date added: December 2018

Car dealer scams on car extras

When Prince bought a bakkie, he agreed on a price with the second-hand car dealership. But when he went to fetch his car, the dealers said he needed to pay separately for extras on the car – but they were already part of the car!

Stuck with her family’s debt

When Lungi’s aunt asked her to buy a few things for her on Lungi’s store account, she didn’t think twice – umdeni wakho awukhethi. But her aunt has failed to make payment on the debt, and now the debt collectors are after Lungi! What can she do?

Dismissed over the phone

Sentso’s boss called him one day out of the blue to tell him the company was having financial difficulties, and he should not report to work until further notice. AZIKHIPHI! That’s not on!

When debt collectors don’t stop

Pearl loves shopping, but got into trouble when she failed to pay her accounts. She owed R1 500. Debt collectors have been debiting money from her account for this debt since 2005 – which means she has paid back far more than what she owed.

THE LAW PROTECTS YOU FROM UNFAIR RETRENCHMENT

Statistics South Africa's latest report for 2018 showed that unemployment rose to 27.2% – that's 6.08 million South Africans sitting without a job. And retrenchments are happening all the time, which is why it's so important to know and understand how the law protects you against unfair treatment from your employer. According to the Labour Relations Act, employers are not allowed to retrench workers without a valid, lawful reason; without consultation and without following a clearly defined process.

If you suspect you've been unfairly retrenched, you can lodge a claim with the CCMA, but you must do this within 30 days of receiving notice of retrenchment from your employer.

Know your rights as a worker so you can strike back legally!

Date added: November 2018

COMPENSATION AFTER WINNING AT CCMA

If you have referred a case of unfair retrenchment to the CCMA and it was found that you were unfairly retrenched and that your employer should reinstate you, you may have to return the severance money paid to you if you have already received payment.

However, this is subject to what both parties may agree on, so these matters should be taken on a case by case basis. In some matters, the employee is reinstated and it may be agreed between the parties that the employee can keep the severance pay. This depends on what kind of compensation the employee is seeking from the unfair retrenchment. In some cases, the employee may not be entitled to compensation due to having received and kept the severance pay. #StaySmart.

Date added: November 2018

LEAVE MUST BE PAID OUT

Your employer cannot refuse to pay out all your leave as part of your severance package should you be retrenched. The Labour Relations Act has clear rules for retrenchment procedures and says that you should get all accumulated leave paid out to you in the case of retrenchment. That means that any leave days that you didn't take should be paid out to you as part of your severance package. #StaySmart

Date added: November 2018

WHAT DOES RETRENCHMENT PAYOUT INCLUDE?

Depending on your employment contract, should you be retrenched, you may also have the right to have the following paid out to you along with your severance package: pro rata payment of bonus, pension and provident fund. It is important to ensure that you get what you are due in the event of retrenchment. #StaySmart

Date added: November 2018

CCMA FOR UNFAIR RETRENCHMENT

If you think your retrenchment was unfair, you can apply to the CCMA for help within 30 days of being retrenched. The CCMA can force the employer to comply with the retrenchment procedure, prevent them from retrenching workers, and order them to award compensation to a worker. #StaySmart

Date added: November 2018

NO RETRENCHMENT WITHOUT VALID REASON

You cannot be retrenched if the company wants to replace you with someone else. If your position is an important part of the operations of the company, they cannot retrench you. The law states that your employer is not allowed to retrench you without reason, without consultation and without following a clearly defined process. If you are retrenched and find out that your job was given to someone else, it qualifies as an unfair dismissal and you can report the case to the CCMA. #StaySmart

Date added: November 2018

Driver refuses to pay for damages

Ayanda* was worried when she was involved in a car accident recently. Luckily no one got hurt, but her car was damaged. The accident wasn’t her fault – the other driver didn’t brake in time and rode into the back of her car. He admitted the accident was his fault, and said he would pay to have Ayanda’s car fixed.

Unilateral changes not allowed

Employers are not allowed to change material terms of your employment contract without talking to you, the employee, about it first. By carrying out unilateral (one-sided) changes, it’s as if your employer has replaced your existing contract with a new one without your knowledge – and that is not allowed. #StaySmart

Rules for salary deductions

Section 34 of the Basic Conditions of Employment Act says that deductions for damage or loss caused by a worker may only be made if:

Minimum leave according to law

According to the Basic Conditions of Employment Act (BCEA), the minimum amount of leave an employer must give workers is 15 working days for every year, or 1.25 days for every month you have worked. #StaySmart

Don't talk on your phone while driving!

Be careful - even if you’re not talking on the phone or messaging while driving, you could still be fined. The National Road Traffic Act expressly prohibits the use of a cellphone and further states that it is illegal to even hold one while driving. #StaySmart

Don't be fooled by dishonest car sales people

Voetstoots doesn't mean dishonest sellers can just get away with selling defective goods – the Consumer Protection Act is there to protect buyers. The law allows for buyers to cancel the contract or sue the seller for a lower selling price if:

Don't give out your tax number

SARS won't give your tax number to anyone other than you, the registered taxpayer, unless the person is your tax practitioner or has Power of Attorney (POA) to conduct your tax affairs. This is to ensure your personal information is kept safe. #StaySmart

Insist on your IRP5 from your employer

Insist that your employer provides you with your IRP5 so you can compare this to the one submitted to SARS. Your IRP5 describes your employment income and deductions as well as the PAYE tax already paid. Employers have 2 months from May to submit these to SARS and should begin giving them to employees at the beginning of June. If you don’t have it by July, you have a right to demand it. #StaySmart

CHECKLIST BEFORE BUYING/RENTING PROPERTY

Property is a big expense, whether you're buying or renting. Never trust pictures alone, or what someone else says – you should always go and inspect the property thoroughly yourself.

Here's a short checklist of what to look for before signing any contracts:

Date added: October 2018

WATCH OUT FOR CONSTRUCTION SCAM

Builders sometimes approach people who own council houses and persuade them to make alterations by adding extra bedrooms or a garage for a spaza shop. Finance can be obtained by having a mortgage bond registered over the whole property, which is worth more than the alterations. The builders do not tell the owners that if they are unable to repay their bond, they will not only have to pay for the alterations, but can lose their whole house if it's sold by the bank. #StaySmart

This is not financial advice.

Date added: October 2018

TENANTS HAVE THE RIGHT TO PRIVACY

When you rent property, as the tenant, you have the right to privacy, and the landlord may only exercise his/her right of inspection in a reasonable manner after reasonable notice to you. He/she must also have a valid reason for this – to inspect the property, carry out maintenance or repairs, or to show the property to a potential tenant or buyer. In other words, your landlord is not allowed to enter your home unless an arrangement has been made with you, the tenant – a landlord who enters the tenant’s dwelling without permission may be guilty of criminal trespassing. #StaySmart

Date added: October 2018

LANDLORD MUST INVEST YOUR DEPOSIT!

When a tenant pays the landlord a deposit, this money must be invested by the landlord or agent in an interest-bearing account. The landlord can use the deposit (plus the interest) to pay for any amounts the tenant is liable for under the lease, for example missed rent, or damage to the property caused by the tenant.

Whatever is left of the deposit money must be refunded to the tenant no later than 14 days after he/she has vacated the property. If the tenant does not owe anything, the landlord must return all the deposit money, plus its interest, to the tenant within 7 days of the lease expiring. #StaySmart

Date added: October 2018

Labour laws and legal bodies that protect your rights

There are a number of labour laws and legal bodies that protect your rights as a worker. If you are dealing with labour-related legal matters.

Date added: 18 October 2018

Beware of scams and phishing using the SARS brand

Beware of scams and phishing. There is a steady increase in email scams and phishing attacks using the SARS brand. Members of the public are randomly emailed with false “spoofed” emails made to look as if these emails were sent from SARS but are in fact fraudulent emails aimed at luring unsuspecting taxpayers to disclose information such as bank account details.

Be on the lookout for these car scams

A scam can be defined as an illegal plan for making money, especially one that involves tricking people. In some instances car scams occur when the scam artists portray themselves to be a legitimate company but are actually fraudsters. They trick you into making payment to them in return for the delivery of a vehicle. The vehicle is never delivered and they cannot be contacted on their phone numbers.

Date added: 18 October 2018

New house broken, agents say nothing

When Ruth bought a flat, she expected the place to look the way it did when she first went to view it. But when she got there to move in, someone had broken the door handle off and removed things, leaving the flat in a terrible condition. Legally the house belongs to her now and is her responsibility, but shouldn’t the agents have kept the property safe? Scorpion explains what the law says on situations like these and what you can do.

Basics principles for doing your taxes

Doing your taxes doesn’t have to be hard, even if it's your first time. This is a summary of the basics:

Date added: 18 October 2018

Second wife tries to evict the children

When Mpondo’s father passed on, his father’s second wife threatened to evict them from his RDP house if they didn’t move out. She said it belonged to her, and they needed to get out or else… Can she do this? Scorpion explains what you can do in this kind of situation.

No criminal record but still fired

Even though his criminal record was cleared, Jayden’s boss fired him when he found out that he had a criminal record. Can he do this? Scorpion explains the law on clearing your criminal record and what you can do if you find yourself in this kind of situation.

Insurers tampered with my car

Xolani* was involved in an accident, and had to have his car repaired. Fortunately, he had insurance, so he wasn’t worried. His insurer asked him to send copies of his vehicle documents, which he did. A few days later, they sent someone out to collect the vehicle for an assessment. They kept the vehicle for a week. When Xolani got his car back, he noticed that things were very wrong...

CCMA win, still no payout

TK* and his friend Oarebile* recently got a CCMA award in their favour for a case they lodged against their employer. They had been working at the company on a three-year contract when the company decided to terminate their contracts. They were not given notice of termination. The CCMA found the company guilty and an award was given in their favour, but the company refuses to pay them. What now?!

Careful of pawn transations

Masego* and her husband desperately needed cash to get through the month, and decided to loan money from a pawn shop. They borrowed R20 000, which they had to pay back with R6 000 interest. The interest was to be paid in full by 14 August 2018. If they could not pay back the money by the agreed time, the pawn shop could sell their car.

Sold a bum house!

Tshepo* has been looking for a house for her family, so when she found out about an auction and that there would be houses for sale for a very good price, she decided to buy. But when she arrived with all her stuff, ready to move in, she found another family already living there. What now?!

Fired for being pregnant!

Theola has been working as a receptionist for a small company for a couple of years. When she fell pregnant recently, she thought her boss and colleagues would be happy for her. But when she told her boss the news, he got mad and said he couldn’t have a big, fat pregnant woman receiving their customers.

Landlord locked them out illegally!

Phil and Eunice had been renting a small flat for a couple of years. Usually they had no problems paying the rent, and made sure things were always handled on time. But last month, Phil was retrenched unexpectedly, and the couple had financial problems – without Phil’s salary they could barely afford food for the month, they knew they couldn’t afford to pay the rent.

Brother won’t share inheritance

*Nokubonga’s father passed away in 2015, leaving behind his two wives and their children (one child from his first wife, and Nokubonga and her brother from his second wife). When they tried to sort out their father’s estate, Nokubonga’s father’s first wife said she would handle matters on her own, she didn’t want them involved. They never saw a cent of their father’s estate.

It is your socio-economic right

It is your socio-economic right to have shelter and your landlord can't just kick you out, even if you haven't paid your rent. He will have to follow a process of eviction first. This is the process of eviction he must follow:

Date added: 19 July 2018

Applying for a social grant is free

Applying for a social grant is free, don't ever be scammed into paying for it! SASSA will give you a receipt when you apply. You must keep this receipt as proof of the date you applied for the grant, especially for grants where the payments are backdated. #StaySmart

You have a right to social grant

A social grant is financial help from the government. This is for people with low or no income, who can’t work due to injury or disability, or with children. #StaySmart know what kind of grants South Africa offers:

Verbal contracts are not safe

Akira had an interview with a potential employer. They discussed many things, including the salary she would get. Her new employer called to tell her she had gotten the job, and asked her to start the following Monday – they would give her an employment contract to sign then.

Fired without a hearing

Elton works as a cashier at the local butchery. He’s never had any warnings or gotten into trouble at work. One morning, his boss stormed in yelling that someone had stolen some of the store’s meat. The next day, Elton was told that he had been fired.

Look after your children

If a child does not receive the necessary care and protection from their parents or guardians such as basic nutrition, care, shelter, or healthcare, it is considered neglect.

What is customary law?

Customary law in South Africa has been taken into account when it comes to the application of the law to ensure that our cultural diversity is celebrated instead of oppressed. For this purpose, the law recognises the following customary practices:

Date added: 4 July 2018

Whose responsibility is safety at an event?

The Safety at Sports and Recreational Events Act (SASREA) states that the safety and wellbeing of people attending an event lies with the event organisers. Here are some of the responsibilities of the event organisers:

Date added: 4 July 2018

The Consumer Protection Act and returning unsatisfactory items

The Consumer Protection Act (CPA) protects the consumer and the store when it comes to returns. You have the right to return broken goods to the store if the store's policy allows it. Here are other options for dealing with an unwanted gift if you cannot return or exchange it:

Date added: 4 July 2018

Your customary marriage is recognised by law

The Recognition of Customary Marriages Act (RCMA) 120 of 1998 legally recognises customary marriages as valid and legal.

South African courts and the law

Be informed about the law surrounding courts in South Africa. South Africa has a variety of courts that hear different cases:

Date added: 4 July 2018

Register your customary marriage

If you get married under customary law, the marriage is considered valid and legal in terms of the Recognition of Customary Marriages Act (RCMA).

Don't discriminate!

According to the Constitution, we must look at when customary law should be used to make sure that the application thereof is not discriminatory.

Legal documents – don't ignore them!

It is important to get paralegal advice when you get any legal documents, or if you need to submit any legal documents. Legal documents include:

Date added: 4 July 2018

Insurance and the law

Insurance is necessary to protect you, your loved ones and the things you've worked hard to own. But in order to get a payout, you need to make sure you follow the rules, and provide the insurer with everything they need.

Date added: 4 July 2018

Wrongful arrest for peeing

If you are wrongfully arrested for peeing in public, you may have a civil claim against the Minister of Police.

Your rights with police searches

Section 29 of the Criminal Procedure Act, 51 of 1977, states that you can only be searched by an officer who is of the same gender as you.

Public drinking is illegal

If you are caught drunk in, on, or near any road, street, lane, thoroughfare, square, park or market or any other public place.

Returning unwanted gifts

If you want to return an unwanted gift to the store, you need to ensure that your return is in line with the Consumer Protection Act (CPA).

Receiving expensive gifts from clients

Receiving gifts from clients or suppliers is part of working with other people. To cover their employees and themselves, companies must adopt a policy on gifts.

Store return policies

Before you return an unwanted gift, you need to find out what the store policy is. Check if they want the product in its original packaging, if they require proof of purchase and if they accept money-back returns or only exchanges.

Your rights to a fair trial

If you are accused of a crime, whether you are guilty or not, you have the right to a fair trial. That's the law.

Present your case in any South African language

You can present your case in any of the 11 official South African languages at the Small Claims Court. #StaySmart know your rights!

Cases handled by the Magistrate's Court

If you have a civil matter, such as a dispute over a municipality bill, your case will be heard in the Magistrate's Court.

Understanding warrants of execution

A warrant of execution against immovable property is usually the last resort. It is a long and complicated process.

Defend yourself against a summons

You have the right to defend yourself if you get a summons. If you have a good reason or defence, you should get paralegal advice so that you can protect your rights.

Understand your cellphone insurance policy

Make sure that when you get cellphone insurance, you know and understand the policy, you're aware of what they don't cover and what documents they will need if you need to claim. #StaySmart

What to do after a car accident

If you are ever in a car accident, the following tips can help you figure out what to do. #StaySmart

Why your life insurance claim was rejected

There are a number of reasons why your life insurance provider can reject a claim.

RDP houses – don't get scammed!

You can't buy a brand-new RDP house or get 'bumped up' the waiting list by paying a fee. They are given to people who qualify for them as part of a government initiative.

Paid more just for being a man!

After working hard to become senior management in her company, Dikeledi found out that a male colleague (her junior) was earning the same salary as her - for less work and experience. Dikeledi has a Master’s degree and has been working in the industry for more than 10 years. Her colleague only has a Bachelor’s degree and has been in the industry for less than 2 years.

Landlord refuses to fix leak

Zenobi moved in to a flat she was renting, and shortly after discovered that the roof was leaking every time it rained. She called her landlord and told him about the problem, as she was worried the leaking water might damage her furniture eventually. The landlord promised to come fix it, but he never did. Zenobi tried calling him and scheduling meetings at his office, but he was avoiding her.

Boss tried to fire him for taking leave!*

Thato works for a construction company. He is a hard worker – never late for work, always doing more than what is expected of him. So when he applied for leave to go to his mother’s funeral, he didn’t think it would be a problem. His 5 days of leave were approved and he thought everything was fine.

Car shop tries to scam him!

Mr Botsime* took his Golf 6 GTi in for repairs at a reputable workshop. The manager told him he would have to pay R14 000 for labour, as well as pay for the parts needed to fix the car. Eish. What could he do, he needed to have his car fixed.

Cheated out of her inheritance

Ntombi’s* father passed away in 1996. She lived in her father’s house with her father, her stepmother and the stepmother’s child. When her father died without a will, her stepmother kicked her out of the house. Later, when her stepmother fell ill, one of her grandchildren asked Ntombi to move back into the house and help look after her.

What rights do our children have?

The Children's Act of 2005 was written to protect children and to provide guidance to parents, guardians, family members, teachers, and social workers. Although the act is mainly about children, it speaks to the whole public as we are all responsible to look after our children.

Date added: 16 December 2017

Who's responsible for injuries at events?

Disclaimers are no longer enough to protect event organisers from liability should an attendee get injured at an event. According to the Safety at Sports and Recreational Events Act (SASREA), the safety and well-being of people attending an event lies with the event organisers.

The responsibilities of the event organisers include:

Date added: 15 December 2017

Your labour rights protected!

The Labour Relations Act and the Basic Conditions of Employment Act protects your rights in the workplace. From unfair labour practice, to unfair dismissal or discrimination, your labour rights are protected!

Under these laws you have the right to:

Date added: 15 December 2017

I'm not registered at the Department of Labour, now what?

It’s important that your employer registers you at the Department of Labour (DOL) for Unemployment Insurance Fund (UIF) and workers’ compensation. If your employer does not do this, it puts you at risk if you were to be dismissed. The Labour Law and the Basic Conditions of Employment Act (BCEA) was written to protect workers in the workplace and to ensure that they are protected against mistreatment and unfair behaviour towards them. If you have a labour issue, the DOL, Labour Court, The Commission for Conciliation, Mediation and Arbitration (CCMA), and other similar institutions can protect you and help you to fight for your rights.

Who can be registered as an employee?
If you work for, or deliver services to another person, regardless of the form of contract, you are considered an employee if one or more of the following applies according to Section 200A of the Labour Relations Act (LRA) and Section 83A of the BCEA:

Date added: 29 May 2017

What to do if you have criminal charges against you.

The South African Criminal Law provides rules and procedures to regulate citizens’ behaviour. If you perform an illegal act, you will be punished for the law that you broke. The Criminal Law doesn’t only regulate citizens’ behaviour, it also protects your rights if you have criminal charges against you, or are guilty of a crime. These rights are explained in the Bill of Rights of the Constitution, as well as the Criminal Procedure Act. A criminal lawyer can protect you and make sure that the sentence fits the crime. If you are guilty of a crime, you will be charged, but with the right defence, the charge can be mitigated or adapted to fit the crime and your existing criminal record, if you have one.
Your rights
Here are some of the rights that you have even if you are guilty:

Date added: 1 April 2017

Insurance basics

Insurance is a necessary and unavoidable fact of life. Instead of thinking of it as a grudge purchase, rather see it as investing in the future of your assets.
When taking out insurance, you need to make sure that you understand all the terms and conditions of the contract, and that you fulfil them. If you are going through the terms and conditions, make sure that you understand every point. If you are unsure, ask. It is the insurer’s responsibility to explain the terms and conditions to you in a way that you can understand.