Security Complexes and Fibre - You Can Use Telkom Ducting After All

"Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner conflict. What it seeks is to bring our country to the edge of social and economic development for rural and urban residents in a world in which technology is so obviously linked to progress." (Extract from Constitutional Court decision quoted in the judgment below)

If you haven't already done so, you are no doubt thinking of upgrading soon to the "superfast broadband" provided by fibre optic cabling. In any event ADSL is about to disappear with Telkom's plans to shut down its copper network and migrate ADSL customers to either fibre (where available) or LTE.

In a community scheme, your challenge is that your chosen fibre service provider must either use your existing underground ducting or start digging new trenches and putting in new ducting, sleeves and manholes. The expense and disruption of the latter option naturally make it very much second prize.

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How Courts Sort Fact from Fiction - A Tale of Jags, Deception and Damages

"Truth will out" (Shakespeare)

You are wondering whether you can win in court against an opponent where your two versions of what happened are totally at odds with each other.

 

How will a judge decide where the truth lies? It's an important question because even though you know you are telling the truth, the court must base its decision on the evidence put before it. In other words, whether or not Shakespeare's "Truth will out" will apply to your court case is going to depend on what evidence you have, and on how you present it.

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Property: Are Verbal Agreements Valid?

"A verbal contract isn't worth the paper it's written on" (Samuel Goldwyn)

 

Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea - oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on will be challenging if not impossible.

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Your Will: What You Can and Can't Do

Where there's a will, I want to be in it" (Anon)

 

Your will ("Last Will and Testament") is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, and most importantly you forfeit your right to choose who inherits what from you.

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What is Poor Work Performance? A Case of Missed Sales Targets

"...the employer has a duty to investigate all possible alternatives short of dismissal, and this duty accords with the onus of proving the fairness of the dismissal" (extract from judgment below)

An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that doesn't mean that dismissal is necessarily an appropriate remedy.

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