KNOWtheLAW
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The superior newsletter from Clientèle Legal
Issue No. 9 2014
CONTENTS
Nonthutuko Mkhize – Actual client
DRUNK DRIVING
I
t can happen so easily. A beer with colleagues after
a hard day, a celebratory cocktail with loved ones –
and a criminal record for life. Drinking and driving
in South Africa is a serious offence. If found guilty, you
could face up to 6 years in jail and a fine of R120,000.
Even worse, you could kill someone on the road, your
loved ones or yourself. According to the National Road
Traffic Act 93 of 1996 you are driving over the limit if
your blood alcohol level is over 0.05g per 100ml of blood
and more than 0.24 mg for 1,000 ml of breath. In real
terms that amounts to having about two drinks in the
space of an hour.
“I did not realise that I had too much to drink,” says Nonthuthuko
Mkhize, a Clientèle Legal policyholder. “I was returning from a
function at work and was stopped at a roadblock. They took a
breathalyzer test and arrested me on the spot. The experience
was humiliating and terrifying,” Mkhize recalls. “There is no
mercy. You are separated from your friends and your car, put in
the van and taken to the police station. I will never be caught in
that situation again.”
Mkhize called her lawyer. “They guided me through the whole
• Drunk driving.
You need a good lawyer!
1
• FAQs
2
• Lighter Side
2
• Know Your Rights
Holidays – be prepared.
3
• Superior Legal Services
in Action
4
process. Without them, I would have been in even bigger trouble.
The service I received from Clientèle Legal was amazing.”
Will Fritz, a Legal Advisor with Clientèle Legal has the following
advice for people when it comes to drinking and driving. “Firstly,
don’t do it! That extra beer is not worth it. Secondly, cooperate
with the police. Any belligerence or resistance might land you in
even bigger trouble.” Fritz reminds us that we do not have the
right to refuse to undergo a breathalyzer or blood test, but we
do have the right to make a phone call. He advises that you call
your lawyer at Clientèle Legal. “Your lawyer is available 24 hours
a day and will be able to advise you on how to go about applying
for bail, should you be arrested. Your lawyer will also contact
your family and explain to them how to go about paying the
bail, if necessary.” When going drinking on a Friday, Fritz issues
a special caution: “According to the law, if you are arrested you
should appear in court within 48 hours of the arrest (excluding
weekends and public holidays). If you are arrested on a Friday,
you might only appear in court on the Tuesday. So, choose a
designated driver or make an alternative plan. A jail cell and a
criminal record is not a fair trade for a beer.”
Legal Tip
A criminal record is not a fair trade for a beer.
Don’t drink and drive.
Will Fritz – LLB Degree
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Your Questions
Email your questions to:
[email protected]
Q
Answered
WHAT DO I DO WHEN
I AM IN DEBT?
honour your repayment obligations, because once the creditor
takes legal action against you, debt counselling cannot be
used to prevent judgment from being taken.
Your lawyer at Clientèle Legal can also provide you with
detailed advice regarding debt counselling.
Q
You are regarded as being ‘in debt’ when you are
unable to meet your financial obligations in time.
The best advice we can give you is to contact your
creditor (the person you owe money to) immediately
and advise them of your situation. They are often
understanding and might negotiate a repayment plan with
you that you are able to afford. It is crucial that you get the
repayment plan in writing.
In the event that they do not want to negotiate a repayment
plan you can seek advice from the NCR (National Credit
Regulator) to start a process of debt counselling. The NCR will
be able to provide you with advice and give you the contact
details of a debt counsellor in your area. Your debt counsellor
will negotiate a repayment agreement on your behalf, which
will be made an order of the court. It is important that you
take this step as soon as you become aware that you cannot
Yes, under certain circumstances. The Basic
Conditions of Employment Act states that employees
are entitled to “21 consecutive days” leave per
annum, which is 15 working days plus weekends and
public holidays. If at any point during the year an employer
closes its business, for example during the December/January
period, the employer is entitled to force the employees to
utilise their leave during this period. In other words, forced
leave is permissible. Should an employee not have sufficient
annual leave during this period, an employee could be subject
to forced unpaid leave. It is therefore important to remember
that if your employer does enforce compulsory leave, you must
ensure that you have sufficient leave accumulated.
THE LIGHTER SIDE
TRUE CASES
A lady sued a circus because a
performing horse evacuated his bowels
on her lap, causing her embarrassment
and pain and suffering. She won.
(Turnage v. Christy Brothers Circus
144 S.E. 680 (1928)
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CAN MY COMPANY FORCE
ME TO TAKE LEAVE?
Heard in Court
A drunk was hauled into court.
“Mister”, the judge began, “you‛ve
been brought here for drinking....”
“Great!”, the drunk exclaimed.
“When do we get started?”
KNOW YOUR RIGHTS
A
HOLIDAYS – TIME TO RELAX,
BUT BE LEGALLY ALERT
aah, holiday time. A time for de-stressing, shopping,
celebrating and warm, fuzzy feelings. It might be
exactly this more relaxed and trusting attitude that
could land you with legal problems.
Sena Tshite, an attorney with Clientèle Legal, compiled a
list of common legal gremlins that might visit these holidays:
HOUSE SITTING:
Let’s say, in the spirit of good neighbourliness, you leave your house
and pets in the care of a friend who has volunteered to be the house
sitter. What happens if you return and find the house burgled, your
prize vase broken and your pets flea-ridden? Can you demand
damages from the house sitter?
“Legally, the principle of bonus pater familias will apply. Literally, it
means that the house sitter is expected to look after your belongings
like a father would look after the belongings of his family. But
remember, you cannot expect him/her to be a security guard, vet and
butler. It will boil down to whether the house sitter acted reasonably
in the situation. If he/she locked the gates as instructed, took care of
the pets with the supplies provided and generally looked after your
belongings like they would after their own, the house sitter would not
be held liable. You would have to prove negligence.”
Tshite says it is advisable to draw up a house sitter’s agreement
wherein duties are very specifically agreed to and outlined, including
accountability of the house sitter in the event of theft or fire – even if
the house sitter is a friend.
ALARM SYSTEMS
What will happen if your house is burgled and the alarm system did
not go off because someone forgot to activate it? Will home owner’s
insurance pay out?
“It depends on what your contract with your insurer states,” says
Tshite. “If you disclosed to the insurer that you have an alarm system,
they might decrease your premium, but only pay out if the alarm
system was activated and well maintained at the time of the break
in. Make sure you understand the restrictions of the terms and
conditions on your contract with the insurer.
BUYING ONLINE
So, you have saved up your money and decided to buy your Christmas
gifts online. What is the deal when you are not happy with what you’ve
bought online or there is something wrong with the product? Can you
do something about it?
“Yes, if you buy online from a South African based company you
are protected by the CPA (Consumer Protection Act) and the ECTA
(Electronic Communications and Transactions Act). According to the
ECTA, you have the right to a ‘7 day cooling off’ period, without any
reason or penalty. You may cancel the transaction or receive a refund
if you have already paid.”
Online suppliers have 30 days to deliver the goods. Be aware that
certain goods, like fresh food and flowers, which by nature would
be spoiled during the waiting period, do not apply to this rule. Sena
Tshite further urges consumers to check for the following information
before buying online to ensure that the supplier is ECTA compliant
and reputable:
They have supplied their name, legal status, physical address and
telephone number on their website, as well as displayed the full price
of the goods or services.
“Let the buyer beware,” cautions Tshite.
EMERGENCY
CONTACT NUMBERS
Police: 10111
Fire Department: 10777
Ambulance: 10112
Clientèle Legal Emergency Line:
0860 004 529
3
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Clientèle, Truworths and Innovation Group,
but despite stiff competition, Clientèle came
out tops. This automatically qualifies Clientèle for the EMEA
(Europe, Middle East and Africa) awards in Europe later this year.
A top prize also went to Clientèle Legal when Nthabiseng
Monareng from the Group Quality Department won the Best
Quality Auditor award in a highly contested category. Well done to
our winners and to our clients, be assured of our superior services
24 hours a day.
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Clientèle Legal contact info
Tel: 0860 004 529 • Fax: 011 320 3133 • Email: [email protected] • Website: www.clientelelegal.co.za • Mobisite: www.clientelelegal.mobi
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Clientèle Legal is a division of Clientèle General Insurance Limited, an authorised Financial Services Provider
DISCLAIMER: This information is published for general information and is not intended to constitute legal advice. Specialist legal advice should always be sought in relation to any particular situation.
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