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How Does Restraint of Trade Work in SA?

A restraint of trade is a provision in a contract of employment with the aim of protecting an employer’s trade secrets, customer connections and other confidential information. Such a contract provides that after termination of employment, the employee is restricted in the work he/she can perform in that he/she will be restrained from performing similar work in competition with his/her former employer, for a prescribed period of time and in a specific geographical area.

Basic Requirements for a Valid Contract

See the explanations relating to valid agreements, valid offer and valid acceptance. These are just guidelines and you should always discuss your specific contract and circumstances with your attorney.

Criminal vs Civil Cases

Sometimes to a layperson it is not very clear as to how a matter is to be dealt with. The problem sometimes arises out of the confusion between civil and criminal matters. People often approach an attorney for a matter involving a criminal element and ask whether the attorney can “prosecute” such an individual. Below is a brief overview of criminal vs civil matters, how they differ and some examples of each.

 

Child Maintenance

What is child maintenance?

Maintenance means a monetary or other contribution, made toward the necessary expenses of a child for the maintaining of the needs of the child. Such needs may include, but are not limited to, food, housing, education and so on.

In South African law, a child is entitled to maintenance from both biological parents taking into consideration the needs of the child and the means of each parent.

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