http://www.Capetalk.co.za 567 Capetalk - The Podcasts en-us 2008 07 September 2010 2 702webmaster@702.co.za 07 September 2010 31 August 2010 24 August 2010 17 August 2010 Julian Scher opened the line to listeners with their problems regarding their properties. Most questions were around rates, water and electricity and defaulting tenants. 10 August 2010 Gill Loveday joined Leigh in studio to chat about all labour related issues, especially unfair dismissal. 03 August 2010 Leigh Bennie and Alan Warrener discussed pet bylaws and were joined by representatives from the cities of Joburg and Cape Town, JP Smith and Nicky Van Niekerk respectively. 27 July 2010 Leigh Bennie was joined in studio by specialist divorce attorney and director at Bowman Gilfillan, Ceri Von Ludwig, to talk about divorce. Questions from listeners focused around Rule 43 and the accrual system. 20 July 2010 Leigh was joined in studio by resident legal expert, Bulelwa Khemese, to talk about the the Protection of Personal Information Bill and what this means for South Africans. 13 July 2010 Gill Loveday, our resident labour expert, opened the lines for our listeners to help with their labour related questions. The discussion focused mainly around fixed term contracts and working hours. 06 July 2010 Litigation and commercial law specialist Alan Warrener joined Leigh to answer all your legal queries and questions. 29 June 2010 Julian Scher, our resident property lawyer, took calls from listeners about their property issues. Most calls were around ownership and transfer. 22 June 2010 Leigh and Ronald Bobroff were joined by the City of Joburg and Cape Town to talk about noise and how our city bylaws protect us and our neighbourhoods. 15 June 2010 Gill Loveday, our resident labour lawyer, opened the line to take questions on labour related issues. 08 June 2010 Leigh was joined by Alan Warrener, Commercial and Litigation lawyer and Adams Galgut, from Galgut & Galgut, South African Patent and Trade Mark Attorneys on how not to get into trouble during the World Cup. We looked at advertising strategies, how business can protect IP in names, methods and innovative of products, registration design, trademark and copyright. 01 June 2010 When a property is changing ownership, the transferring attorney has to apply to the council for a rates clearance certificate. Without this, the transfer will be rejected by the Deeds Office, prolonging the transfer of ownership. 25 May 2010 Leigh and Ronald Bobroff, our resident legal expert, discussed medical malpractice, especially concerning incorrect surgeries and damage resulting from surgery. 19 May 2010 Bulelwa Khemes, a director at Werksmans Attorneys, speaks on the issues around regulating traditional medicine and recognising traditional healers in South Africa. Traditional Healers Organisation member Gogo Mathidiso Molefe also commented on the way in which the Act has been implemented and what action is been taken to ensure that all the registration and training of traditional healers are met. 11 May 2010 Leigh was joined by Alan Warrener, a litigation and commercial law specialist discussing labour issues. He opened the lines, taking different questions on contract matters, unfair retrenchments and dismissals, as well as other workplace queries. 05 May 2010 Julian Pokroy, Chairperson of the Law Society of South Africa Immigration and Refugee Law Committee, and Chris Watters, Vice Chairperson of Immigration were discussing immigration laws and ask if these laws facilitate or obstruct the importation of scarce skills to South Africa. They looked at various categories of work permits, study permits and also covered dual citizenship, and nationality issues. They also touched on the soccer world cup special visa dispensation. 28 April 2010 Our resident legal expert Ronald Bobroff was joined by Angelique Visser, Head of Productions for FNB Trusts Services. They discussed trusts, wills and estate planning - how they interlink. She highlighted the importance of having a will, implications of surviving spouses, incapacitated persons or minors, the purposes for estate planning, and tax benefits of trusts. 20 April 2010 Leigh was joined by Alan Warrener, who is a litigation and commercial law specialist, tackling any questions on legal matters such as property issues, medical bills, contract agreements, civil fraud and many more. 13 April 2010 Our labour law specialist, Gill Loveday spoke to us about workplace rights; unfair dismissals and general trends of workplace disputes. She was joined in studio by the CEO of Tokiso Settlement, Tanya Venter, who spoke to us about the different problems that may occur in the workplace during the 2010 World Cup as well as how to avoid labour disputes. Tanya and Gill tackled different labour issues and went through different solutions for callers. 06 April 2010 Property law specialist Julian Scher spoke about the ins and outs of property conveyancing and the legal process involved when selling or buying a property. He also spoke about how estate agents help with the property transfer process and the fees involved. Also on the show was a discussion on the delay in getting the property rates clearance certificates from municipalities and if one has any legal recourse for it, as well as the course of action to take if you were issued with an incorrect electrical compliance certificate by the property seller. Also highlighted was whether your property servitude registered in perpetuity can be cancelled without your consent. 30 March 2010 Ronald Bobroff and commercial litigation attorney Michael Judin spoke about the general legal principles around contracts and things you need to consider before signing a contract. They also spoke about a waive clause in a contract and what it means, suggested ways of dealing with a contract that does not have a cut-off date, and the importance of reading a contract before putting your signature on it. Also on the show was a discussion on whether you have a case if your personal details are listed on the internet without your permission, and what you can do if your court date falls on a Saturday. 23 March 2010 Legal expert Bulelwa Khemese spoke about the rules governing conflicts of interest and financial disclosure in the public service. She also sheds some light on the process involved before a public servant is deemed to have a conflict of interest, the loopholes in the Public Service Act and why it is difficult to convict unscrupulous officials who abuse the public trust for personal gain. Also on the show was a discussion on the responsibilities of civil servants and what the Public Service Code of Conduct stipulates in this regard. Also explained is why members of parliament are expected to register their financial interests in parliament and those of their spouses, dependants and permanent companions every year. 16 March 2010 Property law specialist Julian Scher spoke about the different property issues including your rights if you have been sold a defective property without your knowledge and the responsibilities of body corporates. He also spoke about the pros and cons of a sectional title sale agreement, and how the sectional title rules are enforced. Also on the show was a discussion on the legal implications involved if you decide to cancel a sectional title unit sale agreement contract before the property in question is registered with the deeds office, as well as the National Credit Act’s position on interest charges on property levies. 10 March 2010 Gill Loveday spoke about different labour related issues including how to deal with an incompetent human resources manager and your recourse if your employer does not allow you to take days off. She also spoke about whether you are entitled to have a representative as an employee when appearing before a disciplinary hearing, the purpose of probation and whether there is any set period for it. Also discussed - what you can do if your employer doesn’t make you a permanent employee after being in a company for a year, whether your employer can make a unilateral change to the terms and conditions of your employment, as well as your recourse if your salary is not upgraded contrary to what was agreed in your contract. 02 March 2010 Legal expert Alan Warrener gave advice on various legal issues including what you can do as a small business owner if the municipality owes you money for the services you rendered and how to legally get rid of a business partner who has a fifty percent stake in a business. He also spoke about how a court of law determines negligence in a vehicle accident case and the damages claim procedure involved. Also discussed was whether one is legally obliged to pay off deceased’s estate debts, things to consider before withdrawing from a franchise business agreement, as well as what you can do if your neighbour’s tree encroaches on your property. 23 February 2010 Our team of experts gave callers an insight into how the legal profession works, the requirements that one must meet before being allowed to practice as an attorney and getting around the terminology i.e. the difference between an attorney, lawyer, and judiciary to name a few. They also tackled questions on how people can take legal action against their attorneys if their case was improperly handled, dealing with corrupt attorneys and gave listeners basic question to ask. The Law Society issues attorneys with identity cards, therefore be sure to ask to see an identity card of the attorney before hiring them. 16 February 2010 Bulelwa Khemese and Simone Margardie from the Law Society of South Africa spoke about how the State Liability Act protects you from the state, should the state owe you money. They also talked about the changes that were made to the Act in light of the ground-breaking constitutional judgment handed down last year October wherein an interim procedure to enforce payment of debt by the state was issued. They also discussed what an interim procedure attempts to achieve, turnaround time within which the state has to honour the court order to settle debt to the creditors, and the remedies available to the creditors should the judgment debt remain unpaid 30 days after the date of judgment. 09 February 2010 Gill Loveday spoke about what a severance package is all about and how to claim for one; what you can do as an employee if you have been suspended unfairly and the requirements for a lawful suspension. She also spoke about the discrepancy between labour law and tax law in as far as an independent contractor’s working conditions are concerned, as well as the procedure that you need to follow as an employer if you want to downscale your staff. Also discussed on the show were the requirements that must be met before an employees’ strike is considered legally protected; what to do as an employee if a salary package that you were promised is not forthcoming; as well as a course of action to take if an employer changes conditions of employment without notice. 02 February 2010 Ronald Bobroff and General Manager of Legal Services at the Health Professions Council of South Africa (HPSCA) Advocate Tshepo Boikanyo spoke about the legal remedies available for you if your health is severely compromised as a result of a medical practitioner’s negligent conduct. They also talked about how the HPCSA protects you from medical practitioners who are rendering their services unethically; the procedure to be followed when making a claim; as well as the time it takes to resolve a complaint. They also explained why some of the cases reported to the HPCSA by aggrieved patients take long to resolve. 26 January 2010 Our resident legal expert Alan Warrener and Professor of Law at Wits University David Unterhalter spoke about Presidential pardons and the criteria used to grant them. They also talked about the procedure that needs to be followed when one applies for a Presidential pardon, and whether the decision by the President to pardon offenders can be reviewed. The team also talked at length about the special circumstances that would qualify one to get Presidential pardon and explained the difference between a pardon and parole. Also under discussion were the victims’ rights in the pardoning process as well as the scope of Presidential power to pardon offenders. 19 January 2010 Property lawyer Julian Scher answered calls on all property related issues including how to acquire a property for a mentally incapacitated child whose parents are deceased and whether one can sell a property which is in arrears. He also covered things to be considered when buying a residential property for a business purpose and the cost implications of getting a title deed back from the bank. 12 January 2010 Our resident labour lawyer Gill Loveday spoke about what the law says with regards to the different work place issues including the pros and cons of restraints of trade and what you can do as an employee if your employer refuses to pay back the money deducted from your salary. She also spoke about whether it is legal not to employ a person who is blacklisted by the credit bureau; how the internal promotion process comes into play; and whether an employee should be given a letter of appointment after being promoted. Also discussed on the show is what you can do as an employer if your employee is failing to fulfill their job requirements, as well as your recourse if your employer does not honour the verdict handed down in your favour by the CCMA. 05 January 2010 Our legal expert, Alan Warrener, discussed a variety of legal issues including how to deal with tenants who refuse to pay rent, the process for getting a civil interdict, and how to handle an undated will. 29 December 2009 Land restitution and land claims are sensitive issues in South Africa. While government has taken steps to redress some of the injustices of the past, there are still a great number of cases waiting to be addressed by the legal system. Bulelwa Khemese is a director at Werksmans Incorporating Jan S. de Villiers and a specialist in land restitution litigation. She advises that land claims must be supported by reliable evidence prior to pursuing the lengthy process with the Commission on Restitution of Land Rights. 22 December 2009 Professor Harry Seftel and Pulmonologist Dr Frans Skosana speak about the different types of lung diseases including chronic bronchitis, emphysema and how they manifest. They also speak about the dangers of Pleurisy if left untreated, as well as the effects of electronic cigarettes and Marfan syndrome on your lungs. The team also explained how sarcoidosis affects different parts of the body and how effective immunosuppressive therapy is in treating sarcoidosis. Also discussed on the show is pulmonary hypertension and how it is treated. 16 December 2009 Property Law specialist Julian Scher spoke about the different property issues including how to acquire a property for a mentally retarded child whose parents are deceased and whether you can sell a property which is in arrears. He also spoke about things you need to consider if you want to buy a residential property to be converted into a business premise and the cost implications of getting a title deed back from the bank. Also under discussion was the process of transferring a property out of a close corporation (CC) and the ins and outs of drafting a will. 15 December 2009 Gill Loveday speaks about the different workplace issues including whether you are entitled for retrenchment package as an employee if your company closes down and the requirements to be met before one is considered a legitimate employee. She explains what you should do legally with your domestic worker if you are relocating to other parts of the country, and the terms and conditions of Unemployment Insurance Fund (UIF) Pay-out. Also on the show a discussion about independent contract work and whether it qualifies one to get full labour protection as provided by the law as well as the pros and cons of the employee disciplinary action. 08 December 2009 Commercial Litigation specialist Clement Shirilele spoke about the steps that need to be followed when you are making a claim against the airline responsible for your stolen or damaged baggage when travelling both nationally and internationally. He also spoke about how the international treaties, like the Warsaw Convention of 1929, apply in this regard. He explains whether there are any limits to the amount that you can claim from the airline that has tampered with your baggage, your possible recourse if the airline refuses to take responsibilities for your stolen baggage, what you can do if your claim is not attended to because it is considered late, and whether you can sue the airline. 02 December 2009 Ronald Bobroff and the CEO of the Federated Hospitality Association of South Africa (FEDHASA) Brett Dungan spoke about things that you must be aware of when you book holiday accommodation including: why you should not pay your full holiday accommodation fee in advance and the importance of double-checking the accommodation before you book in order to avoid any squabbles later. They also talked about the legal remedies available for you if your goods are damaged or stolen during your holiday stay, the accommodation deposit and how it works as well as the role of FEDHASA and how it protects you as a consumer. 24 November 2009 Werkmans Attorneys Litigation and Dispute resolution director Bulelwa Khemese spoke about how the Electronic Communications Act regulates cellphone tariffs and the legality of cellphone interceptions. She also talked about whether you can legally cancel a cellphone contract; legal remedies available if you are struggling to repay your loan; if you are dismissed without a hearing; if your tenants do not pay rent; and if your city council refuses to provide you with its services bill. She also commented on whether it is legal to be forced to take a polygraph test during a job interview. 17 November 2009 Legal expert Alan Warrener spoke about different legal issues such as what you can do if your body corporate has raised another special levy a year since it was first raised; legal steps to be taken to make one an executor of an estate; and legal recourse available if you bought a stand that was previously sold to someone else although you signed a lease for it. Alan also talked about whether one can be forced to pay for the water meter installation at a retirement village; whether a property developer is allowed to withhold an occupational certificate from you as a property owner; and whether one is entitled to a share of an estate accrued in an unregistered customary marriage. 10 November 2009 Gill Loveday spoke about different labour-related issues including your rights as a whistle blower in a company; how you should handle the liquidation process amicably as an employer; whether you can re-employ a former employee who resigned voluntarily; and legal recourse available for you as an employee if your employer has taken away your retention bonus. She also spoke about whether it is fair for an employee to be kept on contract for four years before being given a permanent contract; internal steps to be taken if you are not happy with your employer; and whether a domestic worker can be dismissed before her probation period expires. 03 November 2009 Property law specialist Julian Scher and Allan Allschwang, an attorney specialising in tax law, spoke about what Capital Gains Tax (CGT) is all about and when one is exempted from it. They also talked about the transfer duty amnesty legislation and how it affects you as a property seller. They also looked at the primary residence CGT exemption cut-off point, how one qualifies for these exemptions and whether one can legally have two primary residences. The team also explained, at length, property indemnity insurance and the tax implications involved if you want to transfer a property from a CC to your name. 27 October 2009 Werkmans Attorneys director Bulelwa Khemese spoke about the different rules regulating procurement and the tendering process, criteria used to get a qualifying bidder in the tendering process, requirements that must be met before one qualifies for a tender, what happens if a winning tender is declined or cancelled and whether one can legally challenge the tendering process if you are not happy. She also talked about why tender adjudicators must familiarise themselves with the tendering and procurement legislation and whether a tenderer can challenge the unrefundable tender fees and also commented on public servants who bid for tenders. 21 October 2009 Ronald Bobroff and the chairperson of the Groen Punt Correctional Supervision and Parole Board Hlaoli Letsoane spoke about parole and what it is all about, the criteria used to qualify for parole and the role of correctional supervision and parole boards in this regard. The team also spoke about medical parole, sticking points around it, requirements that must be met before one gets it as well as the role that plea bargains play in making one eligible for parole. 13 October 2009 Legal expert Alan Warrener spoke about what you can do as an employee if your contract is not renewed as per your expectation and the legal remedies available to you if you have a debilitating health condition which affects your performance at work. He also spoke about what you can do as an employer if you want to move a senior employee who doesn’t get along with other staff members and the legal steps to be taken if you want to close your company. Alan also commented bullying in the workplace as well as internal disciplinary hearings. 06 October 2009 Legal expert Alan Warrener spoke about the action that you can take against a medical practitioner for medical negligence and what you can do if your bank refuses to be liable for the damage caused to your insured house. Alan also spoke about what you can do if you are evicted from your property by the council before your lease expires as well as legal remedies available for you if you are not happy with the family advocate handling your divorce case. 29 September 2009 Ronald Bobroff and Professor Mia Swart, a public law expert spoke about the composition and role of the Judicial Service Commission (JSC). The team also talked about the process of appointing High Court judges and privileges enjoyed by the judicial office. 22 September 2009 Ronald Bobroff and Stephen Logan, a consumer attorney, talked about legal remedies available for blacklisted consumers and how to get your name cleared from the credit bureau if you are incorrectly listed. They also spoke about how the National Credit Act protects you if you are over-indebted as well tips on what you can do if you are forced to pay for credit cards you never applied for and whether you are eligible to open a bank account after being blacklisted. 15 September 2009 Labour issues were the focus of the show. Alan Warrener, a legal expert, dealt with issues including unfair dismissals, what steps to take if your employer deducts from your salary unfairly and what to do as an employer if you are struggling to get your employee on the Unemployment Insurance Fund (UIF). He also touched on fixed-term contracts. 09 September 2009