Legal Talk

GENERAL LEGAL TIPS: 101

In January 2011, Kasia Yoko, in her inimitable and visionary style informed me that she wanted to start a legal column for readers of the Bugle, which would help them gain a better insight into their legal rights and in so doing help towards empowering the readers. As I share the idea that knowledge is power, I was happy to oblige.

Knowing your legal rights, even if it's in its most basic format, means that people are less likely to take advantage of you. In as much as we may sometimes feel weighed down by the many laws and rules affecting our daily lives, imagine a life where there were no rules, one where anything goes

For starters, there would be total chaos, not to mention death and destruction. As human beings, we do need laws to help regulate societal affairs. If we are to live in an ordered, stable and peaceful society, where our personal and property rights are always protected, all members of society are expected to respect the rule of law and no one should be regarded as being above the law. In the almost 9 nine years since I began writing articles in this column, I have touched on a number of different aspects of the law, which hopefully some readers may have found either interesting, useful or beneficial.

Below are some key points worth knowing in a smattering of legal topics.

WILL: It's always a good idea to make a will to avoid your assets going to someone you don't want to inherit from you. A will must be in writing for it to be valid. If you don't change your will after 3 months of your divorce, and you die thereafter, your ex-spouse will inherit from you if you made him/her your beneficiary. Point to remember, change your will as soon as you get divorced.

Anyone who signs a will as a witness or attests to the execution of any will is not allowed to take any benefit whatsoever from that will. This means don't let your spouse, child or any heir sign your will as a witness. Also, worth remembering that an executor is not allowed to sign a will as witness. It's best therefore to let an attorney draft your will and let them ensure the will meets all the requirements as set out in the Wills Act.

MINORS & OWNERSHIP OF IMMOVABLE PROPERTY: It's not a good idea to transfer property into the name of a minor. The Master of the High Court will not allow you to sell or alienate the property whilst the children are still minors, without making a formal High Court application for consent to do so.

CONSUMER RIGHTS: As a consumer, your rights are now set out in the Consumer Protection Act. Retailers are required to give you the lower of two prices of an item being sold, if there are two different prices for that item. The exception being unless there was an obvious error and the store took reasonable steps to rectify the situation. Retailers are not obliged to refund your money if the item bought is not defective, although most large retailers will allow you to exchange or refund your money if an item is not what you wanted.

SMALL CLAIMS COURT: If you have a claim of under R15 000,00 and you are a natural person (i.e. not a cc or company), you can approach the Small Claims Court, where your matter will be dealt with without the need for any legal representation.

Know your rights! The Law Desk of Fawzia Khan and Associates. Giving YOU the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031 - 502 5670 for legal assistance at competitive rates.