http://www.Capetalk.co.za 567 Capetalk - The Podcasts en-us 2008 08 January 2013 2 702webmaster@702.co.za Ceri von Ludwig was in studio to help out with any kind of family trouble you’re experiencing, especially since it’s quite common for a lot of trouble to surface soon after Christmas. And there were lots of interesting cases to deal with. One man’s ex-wife keeps disappearing with his child, changing her phone number, etc., to keep him out of his child’s life. Another dad was concerned about how the fact that he’d cheated would affect visitation rights. Another caller was kicked out of the house by her spouse, even though she’d bought all the furniture. She wanted to know what she can do and what she’s owed. One mom had lost custody of her kids due to her depression and now hardly ever gets to see them. One man wanted to find out if he’s still responsible for his ex-wife’s medical aid payments. The answers too, were very insightful. 08 January 2013 Tonight MiWay’s Sam Isaacson was in studio to shed light on car insurance issues, which from the volume of calls was much needed. He discussed and tried to demystify the different types of insurance available and how your premium is calculated. A pertinent topic that came up was why the premiums stay the same or even go up while your car depreciates in value. One caller wanted advice on what to do when insuring an older car for which regular insurance doesn’t make sense. Another interesting call was about the legality of insurance companies checking up on you for anything possibly incriminating you in the event of a claim. 11 December 2012 Labour law specialist Puke Maserumule was on the show and fielded calls on all things concerning labour law. Puke and Leigh tackled issues ranging from an employee who wanted to find out how many additional duties they could be given before being entitled to extra pay and how to address being paid less than what was advertised for your new job post. They also looked at what the correct procedure for issuing written warnings is and what rights employees in the retail sector have. 04 December 2012 Alan Warrener, Commercial and Litigation Attorney, took a call from a gentleman who bought an engine from a car dealer but later found out that the money for the engine was paid into the shop assistance’s personal account and not the shop’s. Alan said that the caller should take the case to the police and push for the shop to take ownership of the fraud. We also spoke to a woman who believes her pet sustained knee injuries at the parlour she took it to. Alan suggested the pet owner take the matter to small claims court. 27 November 2012 Uriah Jansen, MD of Oojah Travel, joined Leigh in studio to discuss travel insurance. She spoke about the importance of knowing what cover suits you, what you are covered for and how to claim for your insurance. We had calls from listeners wanting to know about sea travel and if it works just like air travel and why valuable goods are often not covered for if they are stolen or misplaced. 20 November 2012 Gari Dombo, Managing Director of Alexandra Forbes Insurance, was our studio guest. He spoke about the importance of insuring your home and its contents in separate insurances, that all items insured are clearly stated in the policy together with the correct value of the items. Continuous disclosure is important and should be done with your underwriter so that when claiming for an incident you do not encounter any problems. 14 November 2012 Puke Maserumule, our Labour Law specialist, joined Nambitha in studio. Puke advised listeners who had trouble taking leave and were unsure how much leave they were entitled to. He also spoke about the minimum payouts an employee is required to get by law. 06 November 2012 Alan Warrener, Commercial and Litigation Attorney, joined Leigh Bennie for a Word on Legal Matters. Alan took calls and advised listeners who had problems with their tenants who refused to pay their rent money and how to deal with a client who didn't honour their side of the deal. 30 October 2012 Many people are opting to live together rather than getting married and tying the knot. The South African Law however does not legally recognize cohabitation and does not protect the couples. Ceri Von Ludwig, Family Law Attorney and Mediator advised listeners to rather get an agreement contract in place to protect yourself, your possessions and finances should you part ways or one of you dies. 23 October 2012 Mediation is a methodical step by step process whereby the areas of both agreement and disagreement are defined. All relevant information is gathered by and shared between the parties. Divorce attorney Charles Mendelow also said that utilising the information gathered, various alternatives and proposals are explored. Negotiations will then take place between the parties in order for a mutually acceptable resolution to any and all conflict to be reached. 16 October 2012 On what grounds is it determined which parent the kids get to stay with? What is required amount one is expected to pay for child maintenance? What happens when the parties involved in a divorce cannot reach a settlement. Divorce and Family Attorney Hossen Sader talks about what to do and where to go for legal assistance. 09 October 2012 Do you know what the Employment Equity Act entails, who complies and how to submit your reports? Leigh spoke to Marleen Potgieter, from Equity Works about the Employment Equity Act and what it entails. 02 October 2012 Candice Burt is the South African representative for Clarity International, a worldwide association of lawyers promoting plain language and director at Simplified. The organisations aim is to help businesses communicate with their stakeholders clearly. They assist organisations such as banks, companies and government to communicate with its consumers in plain language that is understood clearly. This is especially important in contracts, legal documents or insurance contracts. 25 September 2012 Rosemary Hunter, Attorney and Director at Bowman Gilfillan was in studio to discuss legal matters affecting employees, such as employee benefits of pension funds, medical aids, and how funds are invested for the employee by their employer. 18 September 2012 Director of Forensics at ENS Steven Powell joined Leigh to talk about the changes to anti-corruption legislation both locally and abroad. Corporate awareness of this legislation remains very low and could result in millions of rands worth of fines – and even criminal prosecution if companies are found to be on the wrong side of the law. 12 September 2012 Labour law specialist Patrick Deale joined Leigh for a labour law open line. Patrick answered questions on voluntary retrenchment, employees misusing sick leave, transport as a condition of employment and being visually impaired in the workplace. 04 September 2012 Commercial and litigation attorney Alan Warrener joined Leigh for an open line. Some of the questions that came up were on liquidation, trust fund after the death of a spouse, child maintenance and how to get out of a contract. 29 August 2012 Clare Ballard, Researcher at the Civil Society Prison Reform Initiative joined Errol to talk about parole. Parole allows for the conditional release of offenders from a correctional centre into the community prior to the expiration of their entire sentences of imprisonment, as imposed by a court of law. Listeners called in about support and employment for parolees. The issue of medical parole also came up. 21 August 2012 Senior Attorney Charles Cohen joined Leigh for a talk on divorce mediation. Charles explained that mediation means the process by which a mediator assists the parties to litigation to resolve the dispute between them by facilitation of discussions between the parties, by assisting them in identifying issues, clarifying priorities , exploring areas of compromise and generating options in an attempt to solve the dispute. This is beneficial because it is done without a lengthy expensive legal battle. 14 August 2012 Labour law specialist Puke Maserumule joined Errol for labour law open line. Puke spoke to listeners about retrenchment, constructive dismissals, UIF, employment contracts, what to do when the contract changes from that of employee to independent contractor and when are part-time employees entitled to sick leave. 07 August 2012 Commercial and Litigation Attorney Alan Warrener joined Leigh for an open line. Alan gave advice on a variety of issues ranging from property, liquidation, your rights when pulled over by the police, child maintenance and legal recourse if you have paid for furniture that has not been delivered. 31 July 2012 Leigh was joined by Dennis Jooste the Short-term Insurance Ombudsman. Dennis explained the role of the Short-term Insurance Ombudsman, as well as the process one has to follow when they have a dispute with their insurer and the most common complaints investigated by his office. 24 July 2012 Leon Rood, director of tax at Werksmans Attorneys was our guest in studio. Leon spoke about the new Tax Administration Act. The new Act consolidates most of the administrative elements relating to tax into a single piece of legislation. This should simplify the task of administering tax from the viewpoint of both taxpayers and tax collectors as the processes relating to each type of tax are no longer scattered across various pieces of enabling legislation. The Act also strengthens the powers and authority of SARS officials, while enforcing taxpayer’s rights. 17 July 2012 Leon Louw, Executive Director of the Free Market Foundation, joined Leigh to talk about the anti tobacco legislation. Leon explained the regulations that will prohibit people from smoking in any building, outdoor venue, public or private beach, outdoor drinking or eating area, park, walkway, parking area, within 10 meters of any doorway or window and more. 10 July 2012 Labour Law specialist Patrick Deale joined Leigh for a labour law open line. Patrick answered questions on contracts, pay grades, suing your employer for deformation, probationary periods, restraint of trade and recruitment agencies. 03 July 2012 Commercial and litigation attorney Alan Warrener joined Leigh for an open line. Alan gave advice to our listeners on a variety of issues such as what to do if you are in a car accident, how to handle a debt collector, company liquidation and what to do when your spouse is incapacitated and you need access to their account. 26 June 2012 Melissa van de Water Attorney, Conveyancer & Notary at Strauss Scher Attorneys joined Leigh for an open line on property law. Melissa answered questions on title deeds, sectional titles, voting off a board of trustees, transfer costs, insolvency and keeping your primary residents. 19 June 2012 Peter Strasheim is a managing consultant at DLM, a specialist disability, incapacity and employee benefits consultancy. Peter explained what unfair discrimination is in the workplace when it comes to dealing with applicants and employees who have a mental illness or disability. 13 June 2012 Labour law expert Puke Maserumule was our guest for the labour law open line. Q and Puke kicked off the show talking about retrenchment and what the procedures are for retrenchment. Puke answered questions from listeners on sick leave, employment contracts, termination of contracts and maternity leave. 05 June 2012 Commercial and litigation attorney Alan Warrener was our guest on A Word on Legal Matters open line. Alan answered questions on TV licenses, property, stolen goods, trust funds and small businesses. 29 May 2012 Senior practising immigration specialist attorney Julian Pokroy spoke to Que about South Africa's immigration laws and whether they are helpful to the importation of skilled foreigners and investors. Julian gave a summary of what legislation, regulation and policy is in place to facilitate such importation of skills and answered questions from listeners. 22 May 2012 Attorney Herman Blignaut was our guest talking about the new food labeling regulations. Herman explained what the new labeling legislation means for businesses and consumers. 15 May 2012 Chairman and Founder of Maserumule Incorporated, Puke Maserumule is our resident labour law expert. He joined Quereshini for a labour open line. Some of the questions that were asked by listeners were on maternity leave, unpaid wages, unions, the CCMA, employees entitled to lunch and employment contracts. 08 May 2012 Our guest in studio was Commercial and Litigation Attorney Alan Warrener. Q and Alan kicked off the show talking about the remission of sentences announced by the president. It was an open line and Alan also answered a variety of questions from our listeners ranging from drunken driving to medical malpractice. 01 May 2012 Bobby Bertrand Director at Bowman Gilfillan joined us from the Cape Talk studios for an open line on property. Bobby gave us tips for first time buyers and answered questions on sectional titles, buying a repossessed property, offer to purchase and retracting your offer. 24 April 2012 Development, Guardrisk Allied Products and Services David Honeyman joined Leigh in studio to talk about what needs to be in place in order to ensure that your domestic worker is legally employed. 17 April 2012 Alternate dispute resolution (ADR) specialist John Brand was our guest tonight. ADR is a process that serves the interests of many disputants, and is capable in the right circumstances of achieving remarkable results. Alternate Dispute Resolution offers a wide range of alternative options to costly litigation. 10 April 2012 Our resident labour law expert Puke Maserumule joined Leigh for an open line on labour related matters. Some of the questions that came up from listeners were on leave, notice periods, using your own vehicle for work, working on a religious public holiday, emotional abuse by employer, maternity leave for commission earners and taking on an existing concern and its employees. 03 April 2012 Commercial and litigation attorney Alan Warrener joined Leigh for an open line. The law of prescription was discussed with listeners calling to say that they have been harrased by attorneys demanding payment of debt that has prescripted. We also had questions on property, malicious procecution, trust funds, child maintenance and labour. 27 March 2012 Attorney Carl Stein joined Leigh to talk about the Companies Act. From 1 May 2011 company law in South Africa was dramatically altered: the 1973 Act which had governed companies for the lifetimes of most business people and lawyers in South Africa was replaced by the Companies Act of 2008, as amended in March 2011. A new era of company law dawned, and with it a host of new concepts, rights, remedies, obligations, procedures and sanctions were introduced. Leigh and Carl spoke about the implications of the Act and how it is doing a year later. 20 March 2012 Attorney Amos Khumalo joined Leigh to talk about the protection of ideas and concepts that do not necessarily qualify for protection as patents. Amos explained patents and trade secrets, when does it make sense to use trade secret protection as opposed to patents, if registration is required, the disadvantages of trade secrets and remedies in event of infringement. 13 March 2012 Our resident labour law expert Puke Maserumule joined Leigh for an open line on labour related matters. Leigh and Puke spoke about the statement by the CCMA that people should not be accepting help from people outside the CCMA who claim to be CCMA officials. They also touched on the strike that is taking place on Wednesday. Listeners called in with questions on unfair dismissals, retrenchment and reduced working hours and salary. 06 March 2012 Commercial and litigation attorney Alan Warrener joined Leigh for an open line. Alan spoke about the Companies Act and business rescue. Listeners asked questions on property, driving under the influence, malpractice and what would happen if you hit one of the beggars at the intersection. 28 February 2012 Family and divorce attorneys Graeme Greenstein and Hoosen Sader joined Leigh to talk about the difficult issue of child custody and maintenance. Graeme and Hoosen advised on what the procedures are with regards to custody and maintenance and what legal recourse parents have if a parent does not pay maintenance or if they refuse access of the child to the other parent. 21 February 2012 Divorce lawyer Graeme Greenstein joined Leigh to talk divorce. Graeme answer questions on being married in community of property, whether one can refuse a divorce without running up a bill, attorney fees and whether one needs a lawyer if you are not opposing the divorce. 14 February 2012 Labour law expert Puke Maserumule joined Leigh for an open line on labour related matters. Some of the issues tackled were retrenchment based on illness, medical boarding, the employer refusing to pay last salary, pension funds and repayment of study loans to the employer. 07 February 2012 Our resident legal expert Ronald Bobroff joined Leigh for an open line. Leigh kicked off the show asking Ronald if we, as consumers, have a contract with Eskom and what happens if you have a financial loss due to the power outages. Leigh then opened up the lines for any legal questions from our listeners. Issues such as what legal recourse one has from a company that owes you money and they go into liquidation, what to do when you can’t raise the money to pay the auctioneer and how to change ownership of the house from a deceased parent. 31 January 2012 Attorney, Conveyancer and Notary, Melissa Van De Water joined Leigh for an open line on property. Melissa gave guidelines on buying a house if you are a first time buyer. Listeners called in with questions on lease agreements, buying property from auction or insolvent estate and evicting tenants. 24 January 2012 Commercial and litigation attorney Alan Warrener joined Leigh to talk about liquidation. Alan explained what it means for a company to be liquidated and for an individual to be sequestrated. Listeners asked questions such as what does one do if the company you work for is being liquidated and how long is the rehabilitation process for an individual that has been sequestrated? 17 January 2012 Family attorney Ceri Von Ludwig joined Leigh to chat about parental rights and responsibilities. Ceri spoke the Children’s Act of 2005, the rights of the parents, the child, age of consent and the rights of the grandparents. The issue of teenage pregnancy also came up, the rights of the pregnant minor and her child. 10 January 2012 Our resident law expert Ronald Bobroff joined Leigh to talk property. Listeners called in with questions on lease agreements, buying a property on auction, tenants that refuse to move out, neighbours’ dogs constant barking and what one must do if you find the property in a condition different to how it was advertised. 20 December 2011 Errol Ballantine standing in for Leigh was joined by attorney Ulrich Roux. Errol and Ulrich were talking about drunk driving laws in South Africa. Ulrich explained that there are two separate ways in which you can contravene the drunk driving laws; by either driving under the influence of alcohol or under the influence of a drug that has a narcotic effect. Both these are taken very seriously by traffic officials as well as the court system in South Africa and it is important that you know what your rights are if you ever find yourself in this situation. Listeners called in to share their experiences and views on South Africa needing more stringent punishment. 13 December 2011 CCMA director Nerine Kahn joined Leigh to give us some insight into the CCMA and its processes. Nerine explained that the CCMA will conciliate workplace disputes, arbitrate disputes that remain unresolved after conciliation, facilitate the establishment of workplace forums and statutory councils, compile and publish information and statistics about its activities and consider applications for accreditation and subsidy from bargaining councils and private agencies. Listeners called in with questions on their cases. 06 December 2011 Legal expert Alan Warrener joined Leigh for an open line. Some of the questions from listeners were on intellectual property, child maintenance, property agents insisting on being paid commission but they haven’t sold the house and can one sue the municipality at the small claims court. 30 November 2011 Our resident legal expert Ronanld Bobroff joined Leigh to talk about holiday accommodation. Ronald gave advice on what to do when you don’t get what you expect from your holiday accommodation. Listeners called in with questions and shared stories on their bookings for the holidays. 23 November 2011 Labour law specialist Patrick Deale joined Leigh for a labour law open line. Listeners phoned in with questions on retrenchment, verbal agreements, sick leave, rights as a temporary employee, unfair dismissals and when should one take a previous employer to the CCMA. 08 November 2011 It was an open line with our resident legal expert Ronald Bobroff. A range of questions from our listeners from is the bank allowed to take money out of your account without your consent to what to do when a neighbor keeps making a noise, can the insurance confiscate your car if someone else was driving it and what do you do when workman’s compensation or the company will not pay for your medical bills and yet you were injured on duty. 01 November 2011 Property law specialist Julian Scher joined Leigh to talk about property law. Listeners phoned in with questions such as what to do when a neighbor has trees that have become a fire hazard, what do you do when a tenant hasn’t paid rent, what do you do when a neighbor has built on your land, what are your rights when there is a development next door to your property and a lot of questions on sectional title deeds. 25 October 2011 CEO of the Council for Debt Collectors Adv Andries Cornelius joined Leigh to talk about legal matters relating to the Debt Collectors Act and he answered questions from listeners about issues they have with debt collectors. 18 October 2011 Attorney and director Candice Burt joined Leigh to talk about Plain Language Day. South African consumers have the right to plain language; no longer do we have to put up with small print, jargon, Latin terms and legalese. This is the law through the Consumer Protection Act and other legislation. Candice answered questions from listeners on contracts they did not understand. 11 October 2011 Labour expert Puke Maserumule joined Leigh for A Word on Legal Matters open line. Listeners called in with their labour related questions. 05 October 2011 Litigation and commercial law specialist Alan Warrener joined Leigh in studio for an open line. Listeners phoned in with questions ranging from liquidation of companies and the legal implications, unfair dismissals, eviction notices, identity fraud and bad business practices. 27 September 2011 Family law expert Ceri Von Ludwig joined Leigh in studio to talk about cohabitation agreements. Ceri explained that cohabitation includes any two (opposite or same-sex) partners who have integrated their residence, property and daily lives. This can be a permanent arrangement for couples who don’t want the personal, social and legal commitment constituted by marriage. Ceri answered questions from listeners about their particular situation. 20 September 2011 Quereshini Naidoo (standing in for Leigh) was joined in studio by Carina du Toit from the Centre for Child law and they discussed child offenders. Carina spoke about the number of children in the criminal system, the rights of the child offenders, punishment, what could be a deterrent for reoffending and rehabilitation of child offenders. 13 September 2011 06 September 2011 30 August 2011 23 August 2011 16 August 2011 10 August 2011 03 August 2011 26 July 2011 19 July 2011 Pieter Niehaus, Director in Real Estate from Norton Rose answered callers’ queries during our open line regarding real estate. Questions ranged from contract issues, disclosures, ethics in real estate, agents general queries, choosing property and lease options amongst other queries. We also discussed different types of timeshare classifications, this included fixed, floating, primary and split timeshare to name a few. 13 July 2011 Labour Law specialist Puke Maserumule had a field of questions waiting for him. Leigh and Puke answered questions on unfair dismissals, how to deal with an employee who gives an insufficient notice period, an incompetent employee, the contents of a valid excuse and the obligations of an multi-national under the Labour Relations Act. 06 July 2011 Attorney Ronald Bobroff and Leigh opened the lines to debt related questions, neighbour disagreements, sectional title defects and parts of the Consumer Protection Act. 28 June 2011 Resident legal expert Alan Warrener and Leigh looked at how men can positively identify sexual harassment, report it and also gave practical tips on how to build a case against a possible harasser. 21 June 2011 Family law attorney Hoosen Sader addressed the right rights of fathers in the event of a separation, divorce or a child born out of wedlock. 14 June 2011 Labour law specialist Puke Maserumule answered questions ranging from employees making more regular requests for sick leave days, the grounds for dismissal for employees with pending criminal records and general contractual complications. 07 June 2011 Legal eagle Ronald Bobroff gave a great open line on mainly property, neighbour issues, contract and personal injury. 31 May 2011 Danie Potgieter unpacked the dilemma of company rescues and rehabilitation in relation to the Companies Act. 24 May 2011 Leigh was joined by Ronald Bobroff and Lewellyn Parker, a director at Bowman Gilfillan Attorneys. They spoke about how an inventor or creator can protect their invention or intellectual concept e.g. a computer program, a business process etc, convert that into a marketable and legally protect intellectual product. 17 May 2011 10 May 2011 Labour related discussion 03 May 2011 26 April 2011 19 April 2011 12 April 2011 05 April 2011 29 March 2011 22 March 2011 15 March 2011 08 March 2011 01 March 2011 Personal injury and medico-legal expert Ronald Bobroff handled a range of legal questions. The main focus was on the Road Accident Fund, especially on amendments to the law regarding accident payouts and the incredible length of time it takes to secure compensation. A range of medico-legal questions were also answered. 22 February 2011 Sizwe Snail of Snail Attorneys explored the different fields of intellectual property law, examining ways in which you can go about protecting your ideas and works. He focused mainly on copyright laws, though he also discussed some aspects of patenting, trademarks and design. 15 February 2011 Labour law expert Gill Loveday opened up the lines for questions on all things regarding employers, employees and labour laws. Listeners phoned in with an incredible range of queries, from retrenchment, overtime payment issues, contract disparities to pre-employment credit checks and UIF payments. 08 February 2011 Commercial and Litigation expert Alan Warrener and Leigh opened the lines to mainly property-related and vehicle questions but we covered neighbour, prescription and municipal law too. 01 February 2011 Leigh was joined in studio by family attorney Ceri von Ludwig and we looked at the options parents have when they've either separated or divorced. We also took calls on maintenances. 25 January 2011 18 January 2011 11 January 2011 Resident labour lawyer Gill Loveday answered labour related queries. Callers called in with issues such as unfair dismissals, unpaid wages, taking leave, public holiday wages and contracts. 04 January 2011 Ronal Bobroff, our legal expert and Dr Michael Scher an orthopaedic surgeon at a private practice focused on how the recent constitutional court judgment will impact on your rights to fair compensation for road accidents and injuries that may have been caused due to shootings, assaults, defective products, potholed roads and so on. 21 December 2010 14 December 2010 Gill Loveday clarified South African labour law to our listeners. Listeners called in for her interpretation of their situations and scenarios. 07 December 2010 Alan Warrener opened the lines for questions from listeners on their legal issues. Questions raised ranged from boom gates that damaged vehicles to return investments. 30 November 2010 Leigh explored compliance issues related to persons with physical disabilities so as to enable them to attain their maximum level of independence and integration into the community as well as the prevention of the occurrence of physical disablement. 23 November 2010 16 November 2010 Alan Warrener opened the lines to listeners to ask their legal questions. Questions ranged from sectional title space use to liquidating companies. 09 November 2010 Gill Loveday answered labour related questions ranging from shift structures to back pay salaries. 02 November 2010 Advocate Gerrie Meyer answered questions on property related questions ranging from conveyance to legally evicting an employee. 26 October 2010 Ronald Bobroff, Dr Charlene Blanchard, palliative specialist at the Wits University Donald Gordon Medical Centre and Janet Williams, president at SAVES - The Living Will Society discussed legalities around euthanasia, assisted suicide and do not resuscitate orders and the importance of living wills. 19 October 2010 Alan Warrener opened the lines to our listeners for their legal questions. Questions varied from divorce procedures, debt review and property matters. 12 October 2010 Labour expert Gill Loveday took calls from listeners about their employment problems - many of the questions focused on retrenchment and liquidation of companies. 05 October 2010 Lawyer Ceri Von Ludwig took calls from listeners about child maintenance and the laws that govern this emotive and sensitive subject. 28 September 2010 Ronald Bobroff was joined in studio by Advocate Neville Melville, implementer and trainer on the CPA and Andisa Potwana, Director: Consumer and Competition Policy & Law at the Department of Trade and Industry, discussed how this act would protect consumers and affect businesses. 21 September 2010 Julian Scher opened the lines to listeners for their property questions and Stanley Maphologela and Anton Theron came on and gave us an update on the rates clearance certificates backlog at the City Of Joburg. 14 September 2010 Gill Loveday took calls from listeners on work related issues especially about employment contracts and leave. 07 September 2010 Alan Warrener opened the lines to listeners about their legal questions, most questions focused around cars and property. 31 August 2010 Advocate Gerrie Meyer unpacked the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act and took questions from listeners about their lease related questions. 24 August 2010 The Children's Act sets out principles relating to the care and protection of children, defines parental responsibilities and rights and makes provision for matters such as children's courts, adoption, child abduction and surrogate motherhood. Ronald Bobroff and Dr Ann Skelton explained these principles. 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