Legal Articles 2021
The below articles are only basic guidelines.
Please contact Scorpion Legal Protection for more information.
Getting a liquor licence
If you want to get a liquor licence, you must make sure you do it the right way and stay out of trouble with the law. Scorpion Legal Protection explains what you need, the cost, types of licences and what factors the Department of Trade, Industry and Competition (the dtic) may consider in deciding whether or not to grant you one.
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What to do in a car accident
Not sure what to do if you get into a car accident? What information should you get from the other driver? When do you need to report it? Scorpion Legal Protection gives you a step-by-step guide on how to handle a car accident.
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Relocate or lose my job?
Johannes’ employer is moving him from their Hammanskraal branch to their Woodmead branch. He says the new branch is 89km away and he can’t afford to travel that far every day.
Can your employer just move you to another branch of the company – even if that branch is further away? Scorpion Legal Protection answers.
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Ending fixed-term employment contracts
Amos is a fixed-term employee. When his employer gave him a “memo of termination of contract”, he refused to sign it. The employer then said he must resign. Amos feels the employer is trying to get away with something shady and unfair. Is he right? Scorpion Legal Protection takes a look at his case.
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Workshop scratches car, but won’t pay
What can you do if you take your car in for a service and the workshop damages your car? Scorpion Legal Protection explains how you should approach the situation.
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‘Peruvian hair’ seller refuses to refund
Tshepi ordered expensive Peruvian hair from a woman online who also owns a salon, so she didn’t think she’d get a bad quality product. But the hair is terrible and now the salon owner is saying she doesn’t give refunds. What exactly are Tshepi’s rights here and what can she do? Scorpion Legal Protection explains.
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What matters does Small Claims hear?
Tired of trying to get money owed to you from someone? You may be thinking of taking them to Small Claims Court, but this court does not hear all matters – there are some that they do not deal with even if they are below the R20 000 threshold. Scorpion Legal Protection explains what matters can be taken to Small Claims Court and which cannot.
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Small Claims Court process explained
Feeling nervous or unsure about going to Small Claims Court? Don’t be! Scorpion Legal Protection is here to guide you through the process. Read here:
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Taking legal action against mechanic
When Sifiso* took his scooter in for repairs, he never thought he’d have problems. The mechanic has had it for months now and is ignoring Sifiso’s calls. What can he do? Scorpion Legal Protection explains what legal action you could take against a shady mechanic like this.
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New regulations on traditional beer
New regulations on the Liquor Products Act will affect the way traditional African beer (umqombothi) and other fermented beverages are produced. Scorpion Legal Protection takes a look at the newly-amended Liquor Products Act, who it affects, and what happens if you don’t comply.
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How to fill in the CCMA referral form
Dealing with legal documents can sometimes feel intimidating. When you refer a matter to the CCMA, you will need to fill in form LRA 7.11. Scorpion Legal Protection will take you through how to fill in this form, step by step.
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Unhappy with severance package
Unhappy with your severance package? What can you do if you think you’ve been done in by your employer and have not been paid what you deserve? Scorpion Legal Protection explains severance packages and how to dispute them.
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Problems with renewing firearm licence
“I’ve been trying to renew my firearm licence without success. The office is closed, or they tell me the officials are not there and after it expired the lady said it's not their problem. I need my licence to work because I’m in security. What must I do?” Scorpion Legal Protection explains the problem with expired firearm licences in South Africa and what the law says.
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What is an incapacity process?
Incapacity hearings and disciplinary hearings are two completely different procedures, but they can end in the same result: being dismissed. Is your dismissal fair? How is an incapacity process different from a disciplinary process? Scorpion Legal Protection explains.
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Can you be fired for being drunk at work?
Being drunk or smelling of booze when you report for work is often thought of as a fireable offence, but not always. What if you had a drink at a workplace event or client meeting? What if you work from home? Scorpion Legal Protection takes a look at the laws that come into play.
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How Themba’s marriages can affect his will
Mr Themba* was married briefly when he was younger, but his marriage got annulled and as a result he did not suffer any consequences from his previous union. He is considering remarrying, but wants to know how this could affect his right to distribute his assets when he dies. Scorpion Legal Protection answers Mr Themba’s questions and looks at the laws that come into play.
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The case of Ms Bhe and her daughters
Scorpion Legal Protection tells the story of Ms Bhe and her daughters, who would have lost everything – including the roof over their heads – if their father’s estate had been handled according to traditional customary law. They changed the entire law around how customary union estates are handled now.
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Can I refuse a back to work interview?
“Do I have the right to refuse a back to work interview?” Scorpion Legal Protection answers this question from a follower on the Scorpion Facebook page as well as additional questions like ‘what is a back to work interview?’, and ‘what are the consequences of refusing it?’
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Can I be forced to take an alcohol test?
“I came to work smelling like yesterday's alcohol so they tested me and the results came back positive as obviously I was drinking yesterday. So now my company wants to take me to a hearing and I didn't even get a first warning. Is this right what they are doing? Please help.” Scorpion Legal Protection answers this question from a follower on the Scorpion Facebook page.
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Job not done, I want my money back!
“I asked somebody to make me a kitchen unit in 2015. They didn't finish the job. I want them to bring back the money I gave them. Please help.” Scorpion Legal Protection answers this question from a follower on the Scorpion Facebook page.
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5 confusing tax questions answered
How to do your taxes right isn’t always easy to figure out, and the last thing anyone wants is to be in trouble with the tax man. Scorpion Legal Protection answers questions like: Can the SARS auto-assessments be wrong? How will SARS know if I’m lying? If I get SARS to help me online or in-branch, I won’t have any problems, right?
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Tax: Claiming home office expenses
Many employees have been working from home for the past year – and longer – due to the Covid-19 restrictions and lockdowns. You may be thinking about claiming back home office expenses when you submit your taxes this year to SARS. Scorpion Legal Protection highlights the qualifying criteria.
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Forced to take leave over shutdown
A follower on the Scorpion Legal Protection Facebook page recently asked Scorpion if it’s fair that his employer does not allow employees to take leave during the year, only during their annual shutdown period in December each year. Scorpion takes a look at what SA’s labour laws say.
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Same company, same job, different pay?
A follower on the Scorpion Legal Protection Facebook page recently asked us if a company can pay two employees who are on the same level, with the same job, different pay. Scorpion explains what SA’s labour laws say.
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Is interest on overdue rent legal?
A follower on the Scorpion Legal Protection Facebook page recently asked us if his landlord is legally allowed to charge interest on overdue rent. Scorpion takes a look at what the law says.
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If I’m fired, what must my employer pay me?
A follower on our Scorpion Legal Protection Facebook page recently asked us “If I am fired, what must my employer pay me?” There are certain payouts your employer must give you by law even if you are fired/dismissed, but it also depends on how you were dismissed.
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Final warning without previous warnings?
Warnings in the workplace are meant to give you a chance to correct the behaviour that led to the warning and if you do not, further disciplinary action may be taken. Can you get a final written warning without any other warnings before? Scorpion Legal Protection recently got asked this question on Facebook by someone who was given a final written warning for hanging up the phone on her employer when he was cursing at her. Scorpion Legal Protection answers.
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Resigned, what must employer pay me?
During our last live Q&A session on Facebook, Scorpion Legal Protection was asked “If I resign, what must my employer pay me?” There are certain payouts you can expect when you resign, but what you can claim depends on how you left your employer, Scorpion advises.
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Going to CCMA over dismissal
The CCMA is a dispute resolution body that was established in terms of section 112 of the Labour Relations Act (LRA). It’s aim is to promote fair practices in the workplace, and help resolve disputes between employers and employees. Do you want to take your unfair dismissal to the CCMA? Scorpion Legal Protection describes what types of unfair dismissal situations the CCMA handles.
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CCMA vs Labour Department
When it comes to dealing with labour issues, it can be difficult to figure out when you need to go to the CCMA and when you need to go to the Department of Labour (DOL) or the Labour Court. They are separate bodies with different powers over different issues, so you need to make sure you go to the right place to get help. Scorpion Legal Protection explains.
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How to get rid of blacklisting
Being blacklisted means you cannot get credit, which can have a big impact on your life. Scorpion Legal Protection explains how you can get your name cleared. The process for getting your name cleared from blacklisting depends on how the blacklisting came to be against your name.
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What is the Rental Housing Tribunal?
If you’re a tenant, you need to know how to make use of the Rental Housing Tribunal (RHT) because it can issue judgments and get your problem sorted out without you having to go to court. Scorpion Legal Protection takes a look at how it works.
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How are charges dropped in assault cases?
We recently received a question on the Scorpion Legal Protection Facebook page about how charges are dropped in cases of common assault. We take a look at how cases get withdrawn and what the law says.
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How to clear your criminal record
Having a criminal record can be a big problem when it comes to employment. Expungement means that a person’s name and the crime they committed is removed from the National Criminal Register. Wondering how you can clear your criminal record? Scorpion Legal Protection explains the process.
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How do I get the deed for the RDP I live in?
“My husband’s uncle gave us an RDP house 6 years ago, but his uncle has since passed. How can we go about getting the house in our name?” This is one of the questions that recently came up on our Facebook page. Scorpion Legal Protection explains how transferring ownership of an RDP house works.
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When is suspension unfair?
“What can I do if I have been suspended for a month without being charged with anything?” This is one of the questions that recently came up on our Facebook page. Scorpion Legal Protection answers by looking at the labour laws around suspension.
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Fixed-term contracts and warnings
How does disciplinary action work with fixed-term contracts and employees? Can the employer ‘carry over’ warnings from the previous contract? These questions came up recently in Scorpion Legal Protection’s Live Q&A. We take a look at what the law says.
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Shift work and public holidays
How do public holidays work for shift workers? Can you be forced to work? Can your employer deduct annual leave for this day? These questions came up recently in Scorpion Legal Protection’s Live Q&A. We take a look at what the law says.
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Deducting for UIF but never registered
A question asked during one of Scorpion Legal Protection’s live Q&A’s on their Facebook page was what to do if your employer has been deducting for UIF, but then when you try to claim UIF, you are told that you were never registered.
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Prisoner visitation process explained
Scorpion Legal Protection explains the prisoner visitation process under the Disaster Management Act: Measures to address, prevent and combat the spread of Coronavirus Covid-19 in all correctional centres and remand detention facilities.
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Working hours for domestic workers
Domestic workers, and the hours they can be expected to work by law, are covered under Sectoral Determination 7. Scorpion Legal Protection discusses what the law says about working hours, overtime pay and night work.
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Can employers deduct for damages or loss
Can employers deduct money from your pay for damages or loss? We recently received this question on Facebook, and since the legislation for domestic workers is covered under a specific sectoral determination, we decided to discuss the issue in detail. Scorpion Legal Protection looks at the rules for domestic workers in South Africa.
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Disciplinary hearings explained step by step
Disciplinary hearings can be intimidating, especially if you don’t know your rights. Scorpion Legal Protection discusses disciplinary process, step by step.
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What is an unfair dismissal?
Dismissal must be for a fair reason (substantively fair) as well as in accordance with a fair procedure (procedurally fair), and it can take many forms. What is an unfair dismissal? Scorpion Legal Protection explains the different situations below.
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Arrested for lockdown violations
So you've been arrested for violating lockdown regulations, what now? Scorpion Legal Protection explains what happens.
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The trial process step by step
Have you wondered what exactly happens when your case goes to court? Scorpion Legal Protection takes you through the trial procedure in a criminal case, step by step.
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Know the cost of going to court
Did you know that there are all kinds of costs involved in going to court, not just the cost of getting a lawyer? Even if you win your case, court tariffs mean you can only recover a certain amount of legal costs. Scorpion Legal Protection explains.
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What happens if you can’t afford bail?
Bail is the amount of money you have to pay to be released from jail until your court case – if the magistrate/judge, prosecutor or police officer agrees to grant you bail. But what happens if you can’t afford bail? Scorpion Legal Protection talks about remand detention and what you can expect if you can’t pay bail.
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