know the law issue 1

8/2/2019 Know the Law Issue 1

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No excess payable onclaims with Clientle Legal!

Many legal insurers charge an excess feewhich is due at claims stage, but

Clientle Legal does not.

CONTENTS

FAQ 2

Know Your Rights

Joburg Billing Crisis 3

Lighter Side 3

Superior Legal Services In Action 4

About Us 4

Member Get Member 4

When in February this year Mrs Vanitha Durgapersad

from Durban changed banks and with that her

banking details, little did she know that she

would be blacklisted.

I was concerned about my debit orders, says

Mrs Dugapersad who promptly informed her

cell phone provider of this change in banking

details. When she was not debited she queried

this with her cell phone provider, who had not

updated her banking details on their system. Asinstructed she did a cash deposit and faxed them the

deposit slip which happened repeatedly over the next few months.

When in June 2011 she received an SMS from her cell phone provider informing her

that she had been blacklisted, she was deeply concerned. I realised I needed help.

Mrs Durgapersad immediately called Clientle Legal for professional legal assistance.

Clientle Legals superior legal service was amazing, she says. Clientle Legal advised

Mrs Durgapersad to contact the Independent Communications Authority of South Africa

(ICASA) to lodge a formal complaint and follow the correct procedure for getting her

name cleared from the blacklist. The lady I spoke to at Clientle Legal was so helpful,

continued on page 2

KNOW

LAW

THE

Clientle Legal contact info

Tel: 086 004 529

Fax: 011 320 3361

Email: [email protected]

www.clientelelegal.co.za

Clientle Legal is a division of Clientle General Insurance Limited,

an authorised Financial Services Provider

Did youknow?

The superior newsletter from Clientle Legal

Issue No.1 2012

0


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2

Someone drove into my car, and I want them to pay for my

insurance excess. What should I do?

An excess is the amount payable by you in the event of a claim, known as the

uninsured portion of your claim. Insured drivers virtually always have to pay an amount upfront

via the excess on their policy, so be aware of the terms and conditions around the excess amount

you are liable for. Even if the accident is not your fault, as the policy holder you are responsible for

paying your own excess. If your insurer recovers the money from the person responsible for the

accident, you should be repaid your excess. It means that you will have to track the status of the

claim with your insurer and ensure that you are repaid the excess. It is important to remember

that once the insurer has paid out your claim, the debt owed by the other driver becomes the

insurers debt and the insurer takes over the recovery in your name, even for the excess. Be

warned, that if you try to interfere with this recovery process, the insurer can reject your claim entirely. Do not make contact with

the other driver during this time and deal only with your insurer. In some instances the excess cannot

be recovered, but your insurer will be able to advise you of this.

My dog ran out onto the street when I opened the electric gate to drive in. My neighbour

was standing in the street with his dog on a leash and claims that my dog bit his dog. He

threatened to sue me if it happened again. Can he really sue me?

Yes, he can. The owner of the pet is responsible for being in control of his pet at all times. If your

pet attacks, bites or causes an accident to any person or other animal, you are liable. Furthermore,

if you are negligent in any way (e.g. by leaving a yard gate unlatched and your pet escapes) and this

causes injury to another person or animal, you could be liable to pay a fine

or be imprisoned for up to two years and the offending

pet could be put down. Keep your dog behind that gate!

When my husband is drunk he beats me. I want to get a restraining order, but

my friend keeps talking about a protection order. What is the difference?

Both peace orders and protection orders are forms of restraining orders. A protection

order applies when there is a specific relationship between you and the abuser (e.g.

spouse, boyfriend, parent, child), while for a peace order the abuser is merely an

acquaintance (e.g. neighbour, colleague). In case of domestic violence, a protection order

would apply. Please call your Clientle Legal office for guidance.

I could lodge my complaint immediately, Mrs Durgapersad toldKnow The Law.

It is alleged that the cell phone provider had not updated Mrs Durgapersads banking details on their system or received any of the faxes she

had sent them. ICASA has since confirmed that Mrs Durgabpersads name has been cleared from the blacklist and the cell phone provider

gave her R500 for the inconvenience caused. Thanks to Clientle Legals good advice I was able to get my name removed from being

blacklisted in no time thank you Clientle Legal!

BREAKING NEWS!continued from page 1

Email your questions to: [email protected]


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The Joburg billing crisis began in July 2009 with the implementation of the citys

new centralised billing system, Project Phakama. In 2010 billing complaints

escalated sharply, reaching crisis proportions in November that year. Many

residents reported receiving erroneous bills, some well in excess of R20 000, quickly

followed by letters of demand to pay the outstanding amount or face immediatedisconnection. Some reported that payments made over many months had not been

credited to their accounts, while others reported intimidation by contractors sent out

to cut off their services for non-payment or receiving bills for Pikitup charges back-

dated 5 years several for undeveloped land where these changes do not apply. Many

could not obtain clearance certificates after a property sale due to disputed bills.

As a result the Joburg Advocacy Group (JAG), an independent civil society group

working for best-practice governance, social justice and environmental protection in

the City of Joburg, launched its Joburg Billing Crisis Campaign. It is JAGs opinion

that the way in which the city is handling billing and revenue collection is in violation

of certain provisions set out in the Bill of Rights, several other acts pertaining to the

administration of local government, as well as certain principles of common law.

In January 2011 JAG approached the Gauteng MEC for Local Government and Housing

appealing for an official investigation into the billing crisis in terms of the Municipal

Systems Act. JAG also appealed to the Department of Cooperative Development

and Traditional Affairs for assistance and intervention, and shortly thereafter, under

pressure from both the opposition and civil society, the department convened a

summit of Mayors, Municipal Managers and senior financial officials in the province

to address the issue. JAG further lobbied oversight and industry bodies such as the

Public Protector, the Law Society of the Northern Provinces and the Johannesburg

Chamber of Commerce and Industry were also lobbied to conduct investigations, but

results were limited.

When the new National Consumer Commission (NCC) was launched in April 2011,

JAG appealed for help. NCC investigations resulted in the city being issued with 65

notices for non-compliance with the Consumer Protection Act, but little was heard

thereafter. Towards the end of the year, in response to legal action brought by a number

of commercial property owners, the Gauteng High Court ruled that residents with

legitimate billing disputes (i.e. with an 8000 reference number) could not have their

services disconnected until the dispute had been resolved.

Lighter Side

Joburg billing crisis

Whats the difference between

a good lawyer and a great lawyer?A good lawyer knows the law.

A great lawyer knows the judge.

How many lawyers does it take

to screw in a light bulb?One, the lawyer holds it while the rest

of the world revolves around him.

If there is an error on your municipal account,

you should proceed as follows:

1. Log a complaint with Joburg Connect by calling 011 375 5555and insist on an 8000 reference number.

2. Follow up on the complaint within 7 days.

3. If you are unable to resolve your complaint within 14 days,

approach your ward councillor for assistance. Contact details can

be found at http://www.joburg.org.za/index.php?option=com_co

ntent&view=article&id=728&catid=45.

4. Notify Schindlers Attorneys, who are keeping a record of billing

disputes, by sending an e-mail to coj.complaints@schindlers.

co.za.

5. If your electricity is cut while your account is in dispute, you

can lay a complaint with the National Energy Regulator (NERSA)

by calling 012 401 4600. You should again notify Schindlers

Attorneys.

6. You may call Councillor Muller on 082 904 9223 if you have a

valid dispute and are being threatened with a cut-off; he will act

immediately to halt the cut-off.

If you do not receive acknowledgement of your complaint or it

remains unresolved, follow up regularly and persistently, and ask

your ward councillor to do the same on your behalf.

For more information on what action to take

read the full article on www.clientelelegal.co.za

Information courtesy of the Joburg Advocacy Group (JAG)


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Our Legal Advisors are standing by to help you!

My klint was effektief ontslaan by haar werk. Sy was baie bekommerd oor haar

finansies en die gevolge wat dit sou inhou vir haar kinders. Sy kon nie bekostig om

maande sonder n salaris klaar te kom of om die CCMA proses te volg nie, en het kontant

brood nodig gehad. Dit het my groot plesier verskaf om my klint die noodsaaklike

verligting te bied toe ek 8 maande se kompensasie vir haar kon onderhandel.

Carlo Pagani, Legal Advisor

I am happy to know that I could help my

client resolve her dispute with the body

corporate so quickly. She couldnt stop

thanking me. Now that makes my day!

Robert Mngomezulu, Legal Advisor

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