# Hurter Spies Inc — Full Content > Complete content index for LLM consumption > Generated: 2026-09-29 | Posts: 52 --- ## Marriage Contract URL: https://hurterspies.co.za/marriage-contract/ Type: page Modified: 2026-09-15 Marriage Contracts REQUEST TO DRAFT AN ANTENUPTIAL CONTRACT An Antenuptial Contract (ANC) allows you and your future spouse to decide how your assets and finances will be managed during your marriage. It’s one of the most important legal decisions you’ll make as a couple. The Hurter Spies Incorporated Marriage Contract service allows you to complete your Antenuptial Contract (ANC) application online, making the process simple, convenient and stress-free. Start your marriage with certainty and peace of mind. Please complete the form below to generate your Antenuptial Contract. DETAILS OF INTENDED SPOUSE 1: Title*: MrMsMiss Full name and surname*: Identity number*: Copy of ID*: Phone number*: Email*: PHYSICAL ADDRESS: Address line 1*: Address line 2*: Address line 3 Postal code*: DETAILS OF INTENDED SPOUSE 2: Title*: MsMissMr Full name and surname*: Identity number*: Copy of ID*: Phone number*: Email*: PHYSICAL ADDRESS: Address line 1*: Address line 2*: Address line 3 Postal code*: WEDDING DATE: MARRIAGE TYPE: Out of community of property with the accrual systemOut of community of property without the accrual system Value of assets (Intended Spouse 1) (Format: 100.00)*: Value of assets (Intended Spouse 2) (Format: 100.00)*:   Should you not receive a response within 48 hours you can contact us on 012 941 9239 (Petria) or petria@hurterspies.co.za. The Hurter Spies office will be in touch shortly to make an appointment for the signing of your contract. The contract is only valid after official signing and after registration at the deeds office. --- ## Don’t Wait for Graduation: How to Start Positioning Yourself for Articles During Your LLB Studies URL: https://hurterspies.co.za/dont-wait-for-graduation-how-to-start-positioning-yourself-for-articles-during-your-llb-studies/ Type: post Modified: 2026-07-20 By Estiaan Conradie & Tharina Hartman Your articles… a daunting yet crucial part of your journey towards becoming an admitted attorney. It is a common misconception that once you have your LLB degree, it will be smooth sailing from there. The harsh reality is that with over 5,000 law graduates entering the system each year, one can end up feeling like a small fish in a very large pond, trying to swim one’s way to securing articles after graduation. This article intends to provide law students with a few strategies that can improve their chances of ensuring their application for Practical Vocational Training stands out above the rest. Completely Ignore the “Nobody Cares About Your Grades After You Graduate” Rumour That You’re Told Although there are law firms that only consider your university marks as one factor when reviewing your application, in a saturated market, it can only benefit you if your marks are one of the factors that set you apart from other candidates. A very important consideration is that certain law firms set a minimum grade-average requirement before they will even consider your application. You definitely don’t want to be disqualified from the race before it has even begun. Ensure that you obtain the best possible marks. Working hard during your studies and performing to the best of YOUR academic capabilities shows grit and perseverance. These qualities will make your candidate attorney application stand out. Simple as that. Many candidate attorney applications require the submission of one or two reference letters. You may submit a reference letter to prospective employers, even when it is not mandatory. Performing well academically can also pave the way to an impressive reference letter. Lecturers and academic staff are certainly more inclined to write a reference letter if you excelled in their module. Remember to approach your request with respect and friendliness. Boosting Your CV with Vacation Programmes and Extracurricular Activities Les Brown once made the statement that, “You must be willing to do the things today others won’t do in order to have the things tomorrow others won’t have.” In this scenario, that means attending vacation programmes at various law firms during your holiday breaks. Even if you are unable to attend a structured vacation programme, any type of vacation work at a law firm will aid your application. Students with practical experience tend to stand out, as their interest in the law and willingness to learn stretches far beyond only their studies. This is also the perfect opportunity for law students to experience real-life practice while improving their CVs. These vacation programmes and vacation work also provide you with valuable insights into what real-life practice looks like, while exposing you to various aspects and fields of law to help you determine what might be the best fit for you. Be on the lookout for firms that advertise such programmes. Alternatively, send a professional email to firms you are interested in, enquiring about vacation work or programmes they may offer. In many instances, this is classified as job shadowing, but some firms host official vacation programmes with a formal agenda for students during their time there. While every firm looks for different qualities in their candidate attorneys, most firms prefer a “well-rounded” type of candidate. A fantastic way to inform law firms and recruiters of your well-roundedness is to include your most impressive extracurricular activities and achievements in your CV. Many of the qualities that make a good candidate attorney may not have anything to do with law, but are gained by participating in sports, arts, volunteering, university clubs, and other part-time jobs. Therefore, some extracurricular activities merely showcase one’s passions, commitment, and grit, but you can certainly include them in your CV. The Early Bird Philosophy  The earlier you start your search for candidate attorney positions, the better. Many firms start scouting and initiating their candidate attorney selections well before the thought has even crossed most law students’ minds. In some cases, recruiting can start as early as two years in advance. Do not miss your opportunity to apply for a position simply because you missed the cut-off date. If there are specific firms you have had your eye on, be sure to regularly check whether their applications have opened. If no information is available, try sending an email to enquire if they will have any positions available. Cast Your Net Out Far and Wide  Each law firm has its own unique criteria when selecting potential candidates for further consideration. They want to ensure that the candidates they interview not only have the necessary skills and qualifications but also a good cultural fit for the firm. As a law student or new graduate, you can speculate about what that culture is, but there is no certain way to know. Likewise, you cannot determine whether the person responsible for shortlisting will view you as a match. As such, it is of utmost importance that you send your application not only to your “dream” firm but to as many firms as possible to improve your odds of securing articles. You don’t want to be in a position where you did not secure any interviews since you only applied to a handful of firms. Statistically, the more applications you send out, the better your chances are at landing an interview. You might be surprised… the firm you applied to as a backup might end up being your perfect match. Today, most firms advertise candidate attorney positions on social media. We encourage you to create a LinkedIn profile. Connect with your fellow students and legal professionals and keep an eye out for positions. Conclusion  In today’s competitive legal landscape, waiting until graduation to think about articles is not an option. By prioritising strong academic performance, building a standout CV, starting your search for candidate attorney positions early, and casting your net wide across many firms, you are taking control of your future and dramatically improving your chances of securing Practical Vocational Training. The journey into the legal profession rewards those who are proactive and prepared. Use your time as an LLB student wisely to build a standout profile that reflects both your academic ability and practical initiative and skills. Start today. With dedication and a proactive mindset during your studies, you won’t just be another graduate swimming in a large pond. You’ll be the candidate that firms are excited to bring on board. Your legal career is waiting; begin positioning yourself for success right away. [Disclaimer: This article in no way guarantees that you will secure articles after completing your studies. It merely reflects the writers’ opinions and suggestions on how your application can be strengthened and your odds increased.] --- ## Navigating Co-Parenting: The Legal Imperative of a Formal Parenting Plan URL: https://hurterspies.co.za/navigating-co-parenting-the-legal-imperative-of-a-formal-parenting-plan/ Type: post Modified: 2026-05-21 By Estiaan Conradie (Associate at Hurter Spies Incorporated) Recent statistics released by Stats SA indicate that of the 24,202 divorces granted by South African courts in 2024, a total of 13,490 (55.7%) involved children under the age of 18.[1] This data underscores a critical legal and social reality: while a divorce formally dissolves a marital union, the parties remain inextricably linked as co-holders of parental responsibilities and rights. Navigating this post-divorce landscape often leaves parents uncertain about the legal and practical parameters of their continuing relationship. This is precisely where a formal Parenting Plan becomes indispensable. It serves as a vital mechanism for maintaining cooperation between co-parents and ensuring a stable, conflict-free environment for the minor children involved. The Legal Roadmap to Co-Parenting: In essence, a parenting plan operates as a comprehensive roadmap for co-parenting between separated or divorced individuals. Voluntarily entered into by the parents or guardians, this agreement explicitly outlines the manner in which they will jointly exercise their responsibilities, rights, and care in respect of the minor child, aligning with the principles set out in the Children’s Act. The primary objective of a parenting plan is to mitigate protracted conflict and promote the paramount principle of the child’s best interests. By establishing certainty and stability regarding all material aspects of the child’s reality, the plan pre-emptively addresses potential areas of friction. The Scope of a Parenting Plan: The scope of a parenting plan is inherently flexible. Parents may include any aspect of the minor child’s life where they require defined boundaries and mutual certainty. While tailored to each family, the most frequently governed aspects include: Major Decisions Regarding the Minor Child/ren: Healthcare and medical interventions; Educational pathways and schooling; Religious or cultural upbringing; and General living conditions. Primary Living Arrangements: Designation of the primary residence; Duties of the parent while the child is in their primary care; Transportation logistics between residences; Protocols regarding the whereabouts of the child; and Stipulations regarding relocation or the removal of the child from the Republic of South Africa. Care and Contact Structures: Specific arrangements during the normal course of the week; Division of school and public holidays; Arrangements for special occasions (e.g., birthdays, Mother’s/Father’s Day); Parameters for unplanned contact and virtual communication; and Protocols for overseas holidays. Financial Maintenance: Specific provisions regarding the payment of maintenance; Annual escalation clauses; and Procedures for the future review and revision of maintenance. Review Mechanisms: Established timeframes for reviewing the Parenting Plan to accommodate the child’s evolving needs. A Safeguard for the Unpredictable: Because every family dynamic is entirely unique, no two parenting plans will look identical. A legally sound plan must be drafted in a manner that is both sustainable and practically implementable for the specific parties involved. A frequent inquiry from clients is whether deviating from the written plan constitutes a breach. It is important to note that a parenting plan is designed to be a functional framework. Where parties share an amicable relationship, they are fully at liberty to negotiate ad hoc, informal amendments, provided these variations do not compromise the minor child’s well-being. However, should communication break down or disputes arise, the Parenting Plan acts as the definitive default position. It serves as a legal safeguard, protecting the child’s routine and both parents’ rights without the immediate need for further legal intervention. As Benjamin Franklin aptly stated: “An ounce of prevention is worth a pound of cure.” Drafting a comprehensive parenting plan is precisely that—proactive risk management that protects the child’s interests, not just during periods of amicability, but crucially when life proves unpredictable and tensions inevitably rise. Professional Assistance with Hurter Spies Inc : The formulation of a sustainable and legally sound parenting plan requires nuanced legal expertise and a deeply personalized approach. At Hurter Spies Inc., our legal professionals are acutely aware that navigating the complexities of family law requires both rigorous legal drafting and an understanding of your family’s unique dynamics. We are fully equipped to assist you in negotiating, drafting, and formalizing a bespoke parenting plan that protects your parental rights and secures a stable, structured future for your children. Contact Hurter Spies Inc. today to ensure your family’s transition is handled with the utmost professional care and legal certainty. [1] Stats SA, Statistical Release Marriages and Divorces 2024, Available online at: https://www.statssa.gov.za/publications/P0307/P03072024.pdf [Accessed 21 April 2026]. --- ## Notable Judgements URL: https://hurterspies.co.za/notable-judgements/ Type: page Modified: 2026-05-14 Notable Judgements Judgement Documents Download the documents by clicking on the links: The Supreme Court of Appeal handed down judgment in Eskom Holdings SOC Limited and Another v AfriForum NPC, dismissing Eskom’s appeal with costs. Download A High Court judgment delivered on 2 February 2026 has now confirmed that the Central Firearms Registry has been acting unlawfully. Download The COT’s application to interdict private fire brigade services is dismissed with costs. Important win. Download The Minister of Basic Education and the Director-General in the Department of Basic Education appeal an enforcement notice. Download Eskom vs Nersa. (Related to a calculation error of +/- R 107 billion made by NERSA.) Download Information regulator filed application for leave to appeal the earlier judgement of a full bench allowing the publication of matric results in newspapers. Download General Documents Download the documents by clicking on the links: Solidarity & AfriForum v Minister of Tourism (30 April 2020) Download Directions issued in terms of Regulation 10 of the Regulations under the Disaster Management Act (57/2002) Download Disaster Management Act (57/2002): Amendment of Regulations Issued in Terms of Section 27(2) Download --- ## Eskom fails to keep diesel and coal contracts secret URL: https://hurterspies.co.za/eskom-fails-to-keep-diesel-and-coal-contracts-secret/ Type: post Modified: 2026-05-14 By Carl Meyer (Associate at Hurter Spies Incorporated) On 23 March 2026, the Supreme Court of Appeal handed down judgment in Eskom Holdings SOC Limited and Another v AfriForum NPC [2026] ZASCA 34, dismissing Eskom’s appeal with costs, including the costs of two counsel, and ordering it to grant AfriForum access to its active coal and diesel contracts. Hurter Spies Incorporated acted as attorneys of record for AfriForum, having advised on and prosecuted the matter from the original PAIA request in 2022 through the high-court application and the appeal. The judgment is reportable and adds materially to the body of jurisprudence under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). This article sets out the facts, the issues, the SCA’s reasoning, and the practical implications for public bodies, requesters, and practitioners advising clients in this area. The facts The litigation arose against the backdrop of the 2022 loadshedding crisis. On 11 June 2022, AfriForum submitted a PAIA request to Eskom for access to its active coal and diesel contracts, related transport contracts, and contracts for the supply of electricity to neighbouring countries. Eskom partially complied, releasing lists of active contracts and contract types but refusing access to the underlying agreements. It relied on section 42(3)(b) and (c) of PAIA (commercial and financial harm to the State or a public body; disadvantage in contractual negotiations) and, in the alternative, section 36(1)(b) and (c) (mandatory protection of third-party commercial information). Its electricity-supply contracts with neighbouring countries were later made available, removing that strand from the appeal. On 28 September 2022, an internal appeal was lodged in which reliance was also placed on section 46 (mandatory disclosure in the public interest). Eskom’s failure to decide the internal appeal within the prescribed period operated, under section 77(7), as a deemed dismissal, and the matter proceeded to the Gauteng Division of the High Court, Pretoria. Windell J ruled in AfriForum’s favour, finding Eskom’s grounds for refusal “insufficient and without any merit”. Leave to appeal was granted on a narrow basis. The High Court accepted that it had applied a more stringent test than the one established in Transnet Ltd and Another v SA Metal Machinery Company (Pty) Ltd 2006 (6) SA 285 (SCA). The issues The SCA, per Baartman JA (Smith JA and Mamosebo AJA concurring), identified three issues: The correct test under section 42(3)(b) of PAIA; whether Eskom’s refusal was justified applying that test; and whether section 46 independently justified the High Court’s order. The Transnet test – reaffirmed and extended The court reaffirmed Transnet. The distinction between “would be likely to cause harm” in subsection (b) and “could reasonably be expected” in subsection (c) is not a matter of the degree of probability but of the degree of expectation. Both involve a probable result, objectively considered. Subsection (b) covers what “is indeed expected”, which necessarily includes that which “would reasonably be expected”. Subsection (c) captures consequences that “could be expected as probable” if reasonable grounds exist for the expectation. Critically, although Transnet was decided in relation to section 36(1), the SCA confirmed that the same test applies to section 42(3), because the two sections “are similar in context and text”. This extension is significant. Practitioners and information officers now have one unified framework for assessing the commercial-harm grounds in both the third-party protection (section 36) and public body protection (section 42) regimes of PAIA. Why Eskom’s reasons failed Eskom’s reasons, first stated on 12 September 2022 and amplified on 18 November 2022, were, in essence, that it spends approximately R70 billion annually on coal procurement and transport; that disclosure of contract prices would enable existing and prospective suppliers to negotiate upwards; that lower-priced suppliers would adjust their prices upwards too; that bidders would “position themselves” to supply at inflated terms; and that collusion among suppliers could “reasonably be expected”, with the Russia-Ukraine war creating fertile conditions for opportunism. The SCA found this reasoning unpersuasive and, critically, internally contradictory. The court accepted submissions made on behalf of AfriForum that: Coal prices are a matter of public knowledge: the World Bank routinely publishes commodity data; Eskom procures coal through open competitive tender processes, in which Bid Evaluation Committees are obliged to negotiate commercially sensible terms; Awarded contracts frequently surface in review litigation and so enter the public domain regardless; Once a contract is awarded, the confidentiality clause “offers no further protection from disclosure as regards the tender price”; and Bidders have historically known prevailing coal prices before bidding without collusion materialising, making the apprehension of future collusion unreasonable. The diesel arguments fared no better. AfriForum annexed an excerpt from Globalpetrolprices.com showing the prevailing South African diesel price of R22.21 per litre – a benchmark routinely used in supply agreements. There could be no commercial sensitivity in disclosing the price at which Eskom purchased diesel. On transport costs, which Eskom claimed were embedded in the diesel price, public knowledge of the average diesel price would in fact enable a market-related assessment. On the section 36 third-party-harm ground, the court held that Eskom had advanced only general allegations. PAIA itself contemplates that unsuccessful bidders may access an awarded contract, so pricing terms are commonly disclosed to third parties as a matter of course. Eskom never identified what was, in fact, commercially sensitive about these contracts. Section 46 – Not reached, but clarified Although AfriForum had also relied on section 46 (mandatory disclosure in the public interest), the SCA found it unnecessary to decide that point. Because Eskom had not met the refusal standard under sections 36(2) and 42(3), the default in section 11 – that a compliant requester must be granted access – applied without more. Baartman JA added an important obiter dictum: section 46 requires evidence “specific to the contracts sought to be accessed”, and “general allegations of corruption at a public entity are not sufficient”. Requesters who wish to deploy the public-interest override will need to do contract-specific work, i.e connecting the documents sought to evidence of substantial contraventions of the law or imminent risks. Practical implications Several practical implications flow from the judgment, in our view: First, the constitutional default of disclosure has been emphatically restated. Section 32(1) of the Constitution entrenches the right of access to information held by the State, and PAIA gives effect to that right. The SCA’s framing – that disclosure is “the default position” – squarely places the justificatory burden on the public body. Second, information officers must engage with the factual matrix in their refusal letters. Boilerplate invocations of commercial sensitivity, negotiation prejudice or collusion risk will not survive scrutiny if the underlying information is already in the public domain or if the public body’s reasoning is internally inconsistent. Public bodies refusing access should expect their reasons to be tested against the evidence. Contradictory reasons will be fatal. Third, the limits of confidentiality clauses in public procurement have been sharpened. Suppliers contracting with the State should not assume that confidentiality undertakings will shield post-award pricing from PAIA disclosure. Fourth, requesters relying on section 46 must marshal contract-specific evidence. General reliance on the Zondo Commission’s findings, for example, or independent auditor’s reports will not, on its own, discharge the burden. Hurter Spies Incorporated – Public-Law and PAIA Practice This matter forms part of Hurter Spies Inc.’s ongoing practice in constitutional- and administrative law litigation, and particularly in PAIA litigation directed at compelling state-owned entities and organs of state to account to the public for the use of public resources. Are you aware of any information that you think should be public knowledge but isn’t, or do you intend on bringing a PAIA application but require assistance with the compilation thereof. We would gladly be of assistance in this regard. For further information on the firm’s public-law practice, or to discuss a PAIA matter, please contact our offices on 012 941 9239. Download Judgement --- ## Our Team URL: https://hurterspies.co.za/our-team/ Type: page Modified: 2026-05-11 Our Team admin@hurterspies.co.za 012 941 9239 Partners Willie Spies Founding Partner BCom LLB & MBA (UP)​ spies@hurterspies.co.za Marjorie van Schalkwyk Partner LLB (UJ) marjorie@hurterspies.co.za Wian Spies Partner LLB LLM (UP) wian@hurterspies.co.za Professional Staff Riegal Krahtz Senior Associate BA LLB (UP) riegal@hurterspies.co.za Belinda Pieterson Associate LLB (Unisa) belinda@hurterspies.co.za Carl Meyer Associate BA LLB (UP) carl@hurterspies.co.za Lerato Thusi Associate LLB (Unisa) lerato@hurterspies.co.za Arno Kruger Associate BCom LLB (Akademia) kruger@hurterspies.co.za Estiaan Conradie Associate BCom (VC) LLB (UNISA) estiaan@hurterspies.co.za Tharina Hartman Associate LLB (UP) tharina@hurterspies.co.za Sello Tshetlho Candidate Attorney sello@hurterspies.co.za Andile Magubane Candidate Attorney andile@hurterspies.co.za Office Staff Ronell van Niekerk Financial Officer Petria Theart Conveyancing Secretary Anne-Marie Boshoff Paralegal Eddie Macheke Office Administrator & Messenger Jeanette van Tonder Customer Service Officer Natalie Fourie Debtor Officer Jenny Abraham Personal Assistant Luna Quinn Deceased Estate Administrator Consultants Johann (Shine) Hurter, Dip Proc (UP) Johan Böning, B Tech (TUT)), BA LLB LLM (Unisa) Daniël Eloff, LLB LLM (UP) Contact Us 012 941 9239 / 012 664 0708 OR Notice: JavaScript is required for this content. --- ## Can the South African Human Rights Commission issue binding directives? The Constitutional Court provides the answer. URL: https://hurterspies.co.za/can-the-south-african-human-rights-commission-issue-binding-directives-the-constitutional-court-provides-the-answer/ Type: post Modified: 2026-04-29 By Carl Meyer When the South African Human Rights Commission investigates a complaint and issues findings, must the party against whom those findings are made comply? Many assume so. On 22 April 2026, the Constitutional Court settled the question in South African Human Rights Commission v Agro Data CC and Another [1]. As per Nicholls AJ, the court unanimously held that the SAHRC’s findings take the form of recommendations only. They are not legally enforceable, and a party who refuses to comply cannot be compelled to do so by enforcement proceedings alone – the underlying dispute must be litigated afresh on its merits. Hurter Spies Incorporated acted on behalf of AfriForum NPC, admitted as the second amicus curiae. The issues before the Court Section 184(2)(b) of the Constitution empowers the SAHRC “to take steps to secure appropriate redress where human rights have been violated.” The question was whether this provision, read with section 13(3) of the SAHRC Act [2], confers on the Commission the power to issue directives binding on private parties, and whether the principle in Economic Freedom Fighters v Speaker of the National Assembly [3] (“EFF I”) – that the Public Protector’s remedial action may be binding until set aside by a court – extends to the SAHRC. Brief background Agro Data CC purchased the farm Doornhoek in Mpumalanga in 2015 and shortly afterwards restricted the occupiers’ access to the farm’s borehole. In 2018, the SAHRC received a complaint on behalf the occupiers, some of whom qualified as occupiers under the Extension of Security of Tenure Act (“ESTA”) [4]. The SAHRC investigated and found that Agro Data CC violated the occupiers’ rights of access to water and dignity under the Constitution and ESTA. The SAHRC issued three directives – that Agro Data CC restore the occupant’s access to the borehole water; that the parties engage in good faith on water management; and that the Agro Data CC disclose relevant scientific and cost information. Subsequent inspections by the SAHRC in 2019 and 2020 confirmed that none of the directives had been complied with by Agro Data CC. Rather than litigate the underlying rights dispute, the SAHRC approached the High Court, Mpumalanga Division, Mbombela, for a declaratory order that its directives were binding and enforceable. The High Court dismissed a blanket declarator. The Supreme Court of Appeal further dismissed the appeal [5]. The SAHRC then sought leave to appeal to the Constitutional Court. The application for leave to appeal was heard by the Constitutional Court on 25 November 2025. The arguments before the Court The SAHRC The SAHRC argued that a purposive interpretation of section 184(2)(b) would yield the result that its directives cannot be ignored without consequence. It relied on EFF I for the proposition that the rule of law demands adherence to decisions made by those with legal authority. It then submitted that a narrow reading of its powers would undermine the principle of legality, conflict with South Africa’s international obligations, and leave vulnerable complainants without effective redress. Notably, the SAHRC’s position shifted during the proceedings- having initially argued that all its directives were binding, it conceded at the hearing that it can only issue recommendations, but contended that some ought to be binding depending on their content. When pressed to articulate a principled basis for that distinction, counsel was unable to provide a satisfactory answer. Centre for Applied Legal Studies (“CALS”) – first amicus curiae CALS advanced two propositions. First, that section 184(2)(b) must be interpreted as broadly as possible in line with international law, including the Paris Principles and the African Charter on Human and Peoples’ Rights, which advocate for National Human Rights Institutions (“NHRI”) to have the widest possible mandates. CALS acknowledged that no binding treaty requires NHRIs to have binding powers, but argued that the broad principles these instruments support such an interpretation. Second, CALS submitted that the right of access to effective remedies does not require those remedies to be court-based, and that conferring binding powers on the SAHRC would fulfil South Africa’s international obligations in this regard. ProBono.org (“ProBono”) – third amicus curiae ProBono framed the issue as one of legal effect rather than binding authority, drawing an analogy between the SAHRC and the Commission for Conciliation, Mediation and Arbitration (“CCMA”). It argued that if the SAHRC’s decisions carry no legal effect, complainants are denied effective relief and their rights under section 34 of the Constitution are undermined. ProBono also relied on 2007 Regulations issued under the repealed Human Rights Commission Act, which had declared the SAHRC’s findings “final and binding on the parties.” Counsel conceded at the hearing that those regulations had been impliedly repealed, but maintained they remained “interpretively relevant.” AfriForum – second amicus curiae AfriForum argued that the SAHRC has neither the constitutional nor the statutory authority to issue directives at all – it is empowered only to make recommendations. It argued that the SAHRC’s interpretation disregards the text, context and purpose of section 184(2)(b) and incorrectly equates itself with the Public Protector. AfriForum rejected the contention that an absence of binding powers would render the SAHRC ineffectual, submitting that it remains a powerful institution through the exercise of persuasive “soft power” that does not depend on coercive authority. What the Court decided Writing for a unanimous Court, Nicholls AJ dismissed the appeal. The SAHRC does not have the power to issue legally binding directives. Its role is to assist complainants in securing redress – through mediation, funding or instituting litigation, or referring the complainant to an appropriate forum. Where a respondent refuses to follow a recommendation, the matter must be litigated on the underlying facts and the entitlement to relief established on the merits. The Court’s reasoning 1. The text of section 184(2)(b) of the Constitution The phrase “take steps to secure appropriate redress” is materially distinct from the Public Protector’s power to “take appropriate remedial action,” or a court’s power to “make” an order or “grant” relief – formulations that signal a remedy flowing directly from the decision-maker. “Take steps to secure” connotes facilitation. The SAHRC may take steps towards redress, but it may not itself grant it. 2. The statutory scheme Section 13(3)(a) of the SAHRC Act directs the SAHRC to assist complainants, arrange or fund litigation, or refer complainants to appropriate forums – provisions that only make sense if binding redress lies with a court or tribunal, not the SAHRC. Section 14 of the Act reinforces this by equipping the SAHRC with non-coercive tools of mediation, conciliation and negotiation. Crucially, the SAHRC Act is silent on consequences for non-compliance, confirming that Parliament did not intend to vest coercive authority in the Commission. 3. Legislative history The Constitutional Assembly’s Sub-Theme Committee 3 recorded express agreement in its May 1995 Final Report that the SAHRC “should not have adjudicative powers.” The language of section 13(3) mirrors section 116(3) of the interim Constitution, reflecting a deliberate and unbroken design. The SAHRC was always intended to be a facilitative institution, not an adjudicative one, and the text gives effect to that intention. 4. EFF I distinguished EFF I rested on a detailed interpretation of the phrase “take appropriate remedial action,” unique to the Public Protector, and established no general rule that every Chapter 9 institution’s decisions are binding. Each institution’s powers must be interpreted within its own constitutional design. The Court also clarified that legal status does not automatically translate into binding effect. Whether a decision imposes enforceable obligations is always a question of interpreting the specific empowering provisions, and that inquiry yielded a clear answer against the SAHRC’s arguments. 5. Parliament knows how to confer coercive powers expressly When Parliament decided the Auditor-General needed binding remedial powers, it expressly amended the Public Audit Act to insert sections 5A and 5B, conferring those powers and stipulating consequences for non-compliance. The SAHRC Act contains no equivalent provisions. That omission reflects a deliberate legislative choice, and confirms that where Parliament intends a Chapter 9 institution to exercise coercive authority, it says so in clear terms. 6. International law The Paris Principles do not require NHRIs to have binding enforcement powers. The SAHRC holds A-status accreditation alongside institutions in Ghana, Mauritius and Malawi that likewise lack such powers. Binding authority in other jurisdictions flows from express domestic legislation, not international obligation. Neither section 39(2) nor section 233 of the Constitution can be used to confer powers that the text of the Constitution and the SAHRC Act have deliberately withheld. 7. The 2007 Regulations The Court rejected ProBono’s reliance on the 2007 Regulations on two independent grounds. First, the regulations were impliedly repealed by the Regulations issued in 2012 and 2017, with no savings clause preserving their operation. Second, and more fundamentally, even if the regulations survived repeal, they could not have conferred what ProBono sought. Applying Minister of Finance v Afribusiness NPC [6], the Court held that subordinate legislation cannot confer powers the enabling statute does not authorise. Since section 184(2)(b) of the Constitution and section 13(3) of the SAHRC Act do not authorise the Commission to impose binding obligations, a regulation declaring its findings “final and binding” was ultra vires regardless of repeal. The contention that the 2007 Regulations remained “interpretively relevant” was accordingly rejected: a provision that is both repealed and ultra vires carries no interpretive weight. Why this judgment is important The judgment reaffirms that coercive public power must be grounded in clear constitutional or statutory authority and cannot be expanded by implication. A party who receives an adverse SAHRC finding need not comply as though it were a court order. Any binding determination requires proper proceedings before a competent court or tribunal. Where a respondent refuses to comply, the SAHRC or the complainant must litigate the rights dispute on the merits, with the SAHRC’s investigation and report ordinarily serving as the evidentiary foundation for that case. The Court emphasised that this does not diminish the SAHRC. Its investigative authority, its standing to litigate on behalf of complainants, and its capacity to exert normative pressure on state and private actors give it substantial influence. What the judgment forecloses is the SAHRC treating its recommendations as self-executing orders that bypass the judicial process. [1] [2026] ZACC 16. [2] South African Human Rights Commission Act 40 of 2013. [3] Economic Freedom Fighters v Speaker of the National Assembly [2016] ZACC 11; 2016 (3) SA 580 (CC). [4] Extension of Security of Tenure Act 62 of 1997. [5] South African Human Rights Commission v Agro Data CC [2024] ZASCA 121; 2024 (6) SA 443 (SCA). [6] [2022] ZACC 4; 2022 (4) SA 362 (CC); 2022 (9) BCLR 1108 (CC). --- ## Can you be arrested for speeding? The high court provides a clear answer. URL: https://hurterspies.co.za/can-you-be-arrested-for-speeding-the-high-court-provides-a-clear-answer/ Type: post Modified: 2026-04-14 By Arno Kruger Many South Africans are uncertain about their rights when interacting with police or traffic officials. These encounters can be stressful, especially when an alleged offence is committed. There is a common assumption that an arrest or detention is automatically justified simply because an officer carries it out. In reality, this assumption is incorrect. Unlawful arrests and detentions continue to occur and remain a serious concern, affecting motorists and the public. On 9 January 2026, the Western Cape High Court clarified these issues in Zilwa v MEC for the Department of Transport and Public Works and Another[1]. The Court confirmed that exceeding the speed limit is not a Schedule 1 offence in terms of the Criminal Procedure Act (CPA)[2], meaning a warrantless arrest for this reason alone is unlawful. The judgment emphasized that officers must exercise proper discretion before arresting or detaining a person and that any detention following an unlawful arrest is also unlawful. The Issue Before the Court The central question before the Court was whether law enforcement officials acted within their legal authority when arresting and detaining a motorist for allegedly exceeding the speed limit. The Court considered two issues – Whether an officer could lawfully arrest a person without a warrant for exceeding the speed limit, which is not listed as a Schedule 1 offence; and Whether the police lawfully exercised their discretion in detaining the individual after the arrest. Background to the Case Mr. Zilwa, a motorist, was stopped, arrested and detained for allegedly exceeding the speed limit. On 28 March 2019, a traffic officer received an alert from an Average Speed Over Distance (ASOD) system indicating that Mr. Zilwa’s vehicle had exceeded the speed limit. No “admission of guilt” fine had been determined for the offence on the ASOD system, meaning Mr. Zilwa could not simply pay a fine and avoid appearing in Court. In terms of the National Road Traffic Act (NRTA)[3], certain minor speeding offences can sometimes be resolved through the payment of such fines without appearing in Court. Because no fine applied in this instance, the traffic officer believed that he had no choice but to arrest Mr. Zilwa. Mr. Zilwa was accordingly arrested and accompanied to the police station. At the station, he was handed over to the police, who registered the arrest, detained him in a holding cell and later released him on warning in terms of section 72 of the CPA. The traffic officials relied on the ASOD system, the Offence Code Book issued in terms of section 59(4)(b) of the NRTA and section 40 of the CPA, claiming the absence of an admission of guilt fine justified the arrest. The police, in turn, relied on standard protocol, maintaining they had no discretion to detain or not. Mr. Zilwa challenged the lawfulness of both the arrest and his detention contending that the alleged offence is not a Schedule 1 offence, and that the officers had no lawful authority to arrest or detain him. What the Court Decided The Court ruled in favour of Mr. Zilwa, finding that both his arrest and subsequent detention were unlawful. It held that exceeding the speed limit, when no “admission of guilt” fine had been set, does not give a traffic officer the authority to arrest without a warrant. The offence is not a Schedule 1 offence in terms of the CPA, meaning it is not considered serious enough to justify a warrantless arrest. Arrest should always be a last resort. The Court further found that both the traffic officer and the police failed to properly exercise their discretion. The traffic officer believed he had no option but to arrest, while the police assumed they were obliged to detain him once he was brought to the station. The Court held that this rigid approach was incorrect. Officers must consider the lawfulness, necessity and proportionality of any arrest or detention. The Court confirmed that an unlawful arrest cannot be justified later, and any detention following it is also unlawful. The Court’s Reasoning 1. Powers of Arrest and Schedule 1 Requirement Section 40(1)(b) of the CPA allows a peace officer to arrest a person without a warrant only where certain jurisdictional factors exist, including a reasonable suspicion that the suspect committed a Schedule 1 offence. These offences are generally serious crimes for which imprisonment may be imposed without the option of a fine. The Court held that exceeding the speed limit under the NRTA is not a Schedule 1 offence. Although speeding may attract penalties, it is ordinarily punishable by a fine and the ultimate penalty is determined by the Court. As a result, a warrantless arrest for speeding cannot be justified under section 40(1)(b). In Mr. Zilwa’s matter, the traffic officer relied solely on an alert from an ASOD system indicating that his vehicle had exceeded the speed limit and that no “admission of guilt” fine had been determined. The Court held that this alone was insufficient to establish reasonable suspicion and therefore did not provide a lawful basis for arrest. 2. The Traffic Offence Code Book[4] The traffic officer relied on the Traffic Offence Code Book, which records whether an “admission of guilt” fine is available. The Court clarified that the Code Book does not authorise arrests. It merely indicates whether a fine may be paid without appearing in Court. The officer incorrectly interpreted the absence of an admission of guilt fine to mean that arrest was required. The Court held that this interpretation was wrong. There is no other statute in South Africa that authorises arrest apart from the CPA. Acting solely on the Code Book therefore rendered the arrest unlawful. 3. Discretion to Arrest and Detain Even where the jurisdictional requirements for arrest under section 40(1)(b) of the CPA are met, a peace officer must still exercise discretion. Arrest is a serious intrusion on personal liberty and should generally be used only when less restrictive measures, such as warnings, written notices or summons, will not secure a person’s attendance in Court. The Court found that the traffic officer failed to exercise discretion, arresting Mr. Zilwa without considering lawful alternatives. Similarly, the police who received Mr. Zilwa at the station assumed they were obliged to detain him once he had been arrested. The Court held that this approach was incorrect. Police must independently consider whether detention is lawful and necessary. Under section 50 of the CPA, police may refuse to accept an arrested person if the arrest is unlawful. Even when an arrest is admitted, discretion to detain must be exercised. Applying these principles, and with reference to the Supreme Court of Appeal decision in Diljan v Minister of Police[5], the Court concluded that because Mr. Zilwa’s arrest was unlawful and the police failed to exercise discretion, the detention was likewise unlawful. Why This Judgment Is Important This judgment clarifies when a person may lawfully be arrested without a warrant. The High Court confirmed that section 40(1)(b) of the CPA permits warrantless arrests only where a Schedule 1 offence is reasonably suspected. Speeding, while still unlawful, is not such an offence. Accordingly, a person cannot lawfully be arrested solely for speeding. However, an important distinction remains. In certain circumstances, excessive speed may amount to reckless or negligent driving if the driver’s conduct imposes a real danger to others. In such instances, more serious charges may arise and arrest may be justified. For the public, the judgment reinforces that arrest and detention without lawful authority are violations of constitutional rights and may give rise to claims for damages against organs of state. Ultimately, the judgment reinforces that arrest and detention are serious intrusions on personal liberty and must be exercised lawfully, proportionately and with proper discretion. We often assist and advise clients in pursuing claims for unlawful arrest and detention. In the event you have been arrested and/or detained, remain calm and inform the officials that you have the right to contact your attorney and to be treated with dignity. It is crucial to seek legal advice immediately if you believe the arrest or detention was unlawful. Our team can assess your matter, guide you through available remedies and help protect your rights. Acting promptly ensures the best chance of a successful outcome. [1] Zilwa v Member of the Executive Council for the Department of Transport and Public Works and Another (18320/2019) [2026] ZAWCHC 4 (9 January 2026). [2] Act 51 of 1977. [3] Act 93 of 1996. [4] Traffic Law Enforcement Offence Code, Western Cape, NRTA 93/96, NLTA 5/2009, NRTR 2000. [5] (746/2021) [2022] ZASCA 103 (24 June 2022). --- ## Just and Equitable Debt Repayment: A Simple Guide to Section 65 Proceedings URL: https://hurterspies.co.za/just-and-equitable-debt-repayment-a-simple-guide-to-section-65-proceedings/ Type: post Modified: 2026-02-26 By Estiaan Conradie Section 65 of the Magistrates’ Courts Act 32 of 1944 (the Act) provides a practical way to recover a debt when a court order for payment has not been honoured. If the amount remains unpaid for more than 10 days after it became due, the creditor may ask the court to inquire into the debtor’s financial position and make an order that is just and equitable in the circumstances. This article explains the Section 65 process in clear, straightforward language so that anyone, whether familiar with legal terms or not can understand exactly what happens and what is required. 1. When does this process apply? You have obtained a court order (or a settlement agreement made an order of court) requiring the debtor to pay you a specific amount by a certain date. You wait patiently, but the payment never arrives. After confirming the non-payment, you instruct your attorney to send the debtor a formal demand by registered post, giving them a further 10 days to pay. If they still do not pay, you may proceed with a Section 65 notice. 2. Which court and what documents are needed? The Section 65 notice must be issued in the Magistrate’s Court that has jurisdiction over the debtor. For a natural person, this is the court in whose area the debtor: resides, or works, or carries on business. For a company or close corporation, it is the court in whose area the debtor’s registered office or principal place of business is situated. To obtain the notice and a court date, the following documents must be lodged with the Clerk of the Court: Notice to Appear in terms of section 65A(1) of the Magistrates’ Courts Act (Form 40 available on the Department of Justice website); Certificate in Support of the Notice (prepared by the judgment creditor or their attorney, setting out the amount owed, including interest, and the relevant circumstances); Copy of the original court order; Copy of the demand letter sent by registered post, together with proof of posting. Submit the documents in the order listed above, with a copy for your file and one for each debtor. Once everything is in order, the Clerk will issue the notice and allocate a court date. 3. Serving the notice and preparing the court bundle The notice must be served personally on the judgment debtor. The most reliable method is to use the sheriff of the court, who will provide a formal return of service. Although the Act also allows service by your attorney or a candidate attorney, magistrates now insist on clear proof that the debtor received the notice in good time (normally at least 10 court days before the hearing). Proof of service must be filed with the Clerk, otherwise the matter will not be placed on the roll. You must also file a properly indexed bundle containing: Index Notice to Appear Supporting certificate Copy of the court order Demand letter and proof of posting Proof of service If the debtor voluntarily supplies their financial documents (list of assets and liabilities, income and expenditure, and supporting proof or financial statements in the case of a company) before the hearing, include these in your bundle as well. 4. What happens on the court date? On the day of the hearing, the magistrate will first confirm that both parties (or their representatives) are present. If the debtor was properly served but fails to appear, the magistrate will require you to call the debtor’s name three times outside the courtroom. If there is still no appearance, the court may issue a warrant of arrest where appropriate. If the debtor does appear, the magistrate conducts a detailed inquiry into their financial position. The court will then make an order it considers just and equitable. In most cases this means repayment by affordable monthly instalments that allow the debtor to meet basic living expenses. In some matters the court may order full payment immediately or within a short period. The Act gives the magistrate wide discretion, provided the order remains fair to both sides. Conclusion Section 65 proceedings offer an effective way to enforce a court order while ensuring the repayment arrangement is realistic and fair. However, the process involves strict rules regarding jurisdiction, documentation, service and the preparation of bundles. Any mistake can delay recovery or even result in the matter being left off the roll. If you have obtained a court order that remains unpaid and need assistance with the Section 65 process or if you are unsure about any step we strongly recommend seeking professional legal advice. At Hurter Spies Inc. Attorneys, we specialise in debt recovery and Magistrate’s Court matters. Our team will handle the entire process efficiently and professionally to help you recover what is rightfully yours. Contact us today to discuss your matter. --- ## Home URL: https://hurterspies.co.za/ Type: page Modified: 2026-02-26 Law Firm Committed to Helping Our Clients Succeed Legal solutions for a better living environment Our Location Pretoria Contact Us 012 941 9239 An outstanding group of legal practitioners We assist our clients with any legal challenge Clients do not come to Hurter Spies with easy questions of law, simple cases and straightforward transactions. Clients come to us due to the reputation of excellent service that is delivered promptly. Our law firm’s reputation as innovative and valiant legal representatives is reflected in the groundbreaking work we do, the quality of our professional staff and the relationships we have built with you our clients. We are proud to find innovative solutions to complex problems that require us to use our full expertise and experience. Hurter Spies’ attorneys are passionate about justice, transparency and excellence. Years of Service Company started in 2008 by Willie Spies (who at the time was a member of Parliament) and Johan Hurter (who at the time was a senior partner at a prominent Pretoria law firm). Defining Success We give each of our clients the certainty that we will approach their legal work with the highest quality of service as they have come to expect of our firm. Our Practice Areas Constitutional Law Constitutional law focuses on the protection of individuals’ rights as contained in the constitution. Estates Practice Estates practice focuses on the management of a person’s assets and finances during their lifetime, as well as the orderly transfer of assets to heirs after their death. Debt Collection Debt collections is a critical aspect of law that focuses on collecting outstanding debts. Equality Court The Equality Court deals with matters of equality law and constitutional rights. Property Law & Conveyancing Deeds and conveyances are an important area of practice involved in the transfer of property rights from one party to another. Delictual Claims Delictual claims focus on compensation for injured parties who suffer as a result of another party’s wrongful act. Contract Law Contract law focuses on the rights and obligations of parties in contractual relationships. Criminal Law Criminal law focuses on the rights of individuals accused of criminal offences. Administrative Law Administrative law focuses on the rights and duties of individuals and organizations within the administrative context of government and other public institutions. Commercial Law & Secretarial Services Commercial law focuses on the rights and obligations of businesses and companies. Labour Law Labour law focuses on the regulation of labour relations and protection of the rights of employees and employers. Family Law Family law focuses on legal issues related to family relationships and personal matters. Firearms Hurter Spies Incorporated deals with firearms cases. Land Development Law Land Development Law encompasses a wide variety of specialist areas, such as town and regional planning law, development law, municipal law, administrative law, all intertwined into one niche area. Environmental Law Whether you’re navigating the environmental laws of South Africa, facing enforcement actions, or pursuing environmental justice, our experienced attorneys are here to help. Petroleum Law With our in-depth knowledge of the Petroleum Products Act, Act 120 of 1977 and its Regulations, we undertake to make the process of procuring the relevant licences as uninterrupted and efficient as possible. An outstanding group of legal practitioners Why Choose Our Law Firm Experienced Specialists We have assembled an outstanding group of legal practitioners with talent, creativity and experience to assist our clients with any legal challenge, today and in the future. Hurter Spies simultaneously offers broad spectrum and a wide variety of legal services as well as particular niche expertise in particular fields of the law. We uphold Justice & Equality Hurter Spies Incorporated is a legal firm that is grounded in the values of justice, equality before the law and the supremacy of the law. The firm’s past work and experience speaks for itself Excellent Customer Service We give each of our clients the certainty that we will approach their legal work with the highest quality of service as they have come to expect of our firm. Featured Legal Snippets Contact Us 012 941 9239 OR Notice: JavaScript is required for this content. Testimonials What Our Client’s Say Testimonial content can be displayed here… Testimonial content can be displayed here… --- ## Understanding Unopposed Divorce: A Streamlined Path to Separation URL: https://hurterspies.co.za/understanding-unopposed-divorce-a-streamlined-path-to-separation/ Type: post Modified: 2026-02-26 By Estiaan Conradie American comedian and writer Larry David once said that “A good compromise is when both parties are dissatisfied1“. The question however arises whether the same can be said when spouses have decided to enter into divorce proceedings? When spouses come to the conclusion that their marriage relationship has broken down to an irretrievable degree, the next steps they take could make a significant impact on their reality for the undetermined future. It generally leads to either an opposed divorce or an unopposed divorce. In legal divorce proceedings the differences a legal practitioner is faced with, seem minor, when compared to the differences these proceedings will have outside of the court on the parties. In deciding which option would be the best, the following factors, amongst others, need to be taken into consideration: Time constraints; Available funds; Whether there are minor children born from the marriage; Whether there are dependant major children born from the marriage; Spouses’ flexibility; Form of marriage that exists; Financial standing of both parties; Surrounding circumstances that lead to the marriage breakdown; This article will further look specifically at unopposed divorce proceedings and the current process thereof. An unopposed divorce is often seen as the most affordable and time efficient way to ultimately get divorced. This manner of divorce entails the spouses (hereinafter “the parties”) coming to an agreement. Commonly referred to as a settlement agreement. This is done before a court is approached for the actual decree of divorce. The settlement agreement is often supplemented with a parenting plan in the event where minor or major financially dependant or minor child(ren) are involved. The settlement agreement will include clauses, depending on the form of marriage, such as the marriage being broken down irretrievably, division of the assets, spousal maintenance and that the settlement agreement is the final division of any and all claims that the one party of the marriage may have against the other, to name a few. In essence, this is where the parties come together to compromise and prioritise various factors to negotiate an outcome that is beneficial for all involved. Once the settlement agreement has been entered into, the appointed legal practitioner will draft a summons wherein the settlement agreement is incorporated, and the court is to be approached on an unopposed basis for the relief sought. After issuing the summons at court, it must be served via sheriff to the party referred to as the Defendant (the spouse), allowing for a ten-day period during which a defence may be entered into. Assuming the parties reached a settlement and the matter remains in default, the legal practitioner will use this time to prepare the necessary documents to secure a court date. After the ten-day period has lapsed, these documents will be filed, and a court date will be assigned. Depending on the legal firm’s culture and philosophy, many legal practitioners will advise the parties to consider entering into a settlement where possible, in order to avoid the possible hardships and complications of an opposed divorce. An unopposed divorce not only facilitates a more efficient resolution but also helps to prevent prolonged conflict, which can have detrimental effects on both the parties and especially any minor children involved. While a settlement may require each party to compromise, it empowers them to maintain control over the outcome of the proceedings. The idea that both parties may be dissatisfied with the contents of a settlement agreement is entirely plausible. However, the essential advantage is that it preserves their sense of control and provides certainty regarding the court’s final decision. Consulting with a legal practitioner when contemplating a divorce is crucial. They can provide valuable insights into the specifics of your situation and help determine whether pursuing a settlement agreement is a viable path forward. In navigating the complexities of divorce, professional guidance can make a significant difference in achieving a favourable outcome. 1Larry David, Curb Your Enthusiasm: The Complete Seventh Season --- ## Services URL: https://hurterspies.co.za/services/ Type: page Modified: 2026-01-02 Services Hurter Spies offers a wide range of legal practice areas. Constitutional Law Constitutional law focuses on the protection of individuals’ rights as contained in the constitution. Estates Practice Estates practice focuses on the management of a person’s assets and finances during their lifetime, as well as the orderly transfer of assets to heirs after their death. Debt Collection Debt collections is a critical aspect of law that focuses on collecting outstanding debts. Equality Court The Equality Court deals with matters of equality law and constitutional rights. Property Law & Conveyancing Deeds and conveyances are an important area of practice involved in the transfer of property rights from one party to another. Delictual Claims Delictual claims focus on compensation for injured parties who suffer as a result of another party’s wrongful act. Contract Law Contract law focuses on the rights and obligations of parties in contractual relationships. Criminal Law Criminal law focuses on the rights of individuals accused of criminal offences. Administrative Law Administrative law focuses on the rights and duties of individuals and organizations within the administrative context of government and other public institutions. Commercial Law & Secretarial Services Commercial law focuses on the rights and obligations of businesses and companies. Labour Law Labour law focuses on the regulation of labour relations and protection of the rights of employees and employers. Family Law Family law focuses on legal issues related to family relationships and personal matters. Firearms Hurter Spies Incorporated deals with firearms cases. Land Development Law Land Development Law encompasses a wide variety of specialist areas, such as town and regional planning law, development law, municipal law, administrative law, all intertwined into one niche area. Environmental Law Whether you’re navigating the environmental laws of South Africa, facing enforcement actions, or pursuing environmental justice, our experienced attorneys are here to help. Petroleum Law With our in-depth knowledge of the Petroleum Products Act, Act 120 of 1977 and its Regulations, we undertake to make the process of procuring the relevant licences as uninterrupted and efficient as possible. An outstanding group of legal practitioners Why Choose Our Firm Experienced Specialists We have assembled an outstanding group of legal practitioners with talent, creativity and experience to assist our clients with any legal challenge, today and in the future. Hurter Spies simultaneously offers broad spectrum and a wide variety of legal services as well as particular niche expertise in particular fields of the law. We uphold Justice & Equality Hurter Spies Incorporated is a legal firm that is grounded in the values of justice, equality before the law and the supremacy of the law. The firm’s past work and experience speaks for itself. Excellent Customer Service We give each of our clients the certainty that we will approach their legal work with the highest quality of service as they have come to expect of our firm. Contact Us 012 941 9239 OR Notice: JavaScript is required for this content. Testimonials What Our Client’s Say Testimonial content can be displayed here… Testimonial content can be displayed here… --- ## Contact Us URL: https://hurterspies.co.za/contact-us/ Type: page Modified: 2026-01-02 Contact Hurter Spies Attorneys Your Enquiry If you have any questions about our services, please don’t hesitate to complete the form below. Notice: JavaScript is required for this content. Pretoria Contact Details Address : Building 1, Greenpark Estates, 27 George Storrar Drive, Groenkloof, Pretoria, 0181 Phone : 012 941 9239 Email : admin@hurterspies.co.za Office Hours Monday to Thursday: 08:00 – 16:30 Friday: 08:00 – 15:00 Follow Us Facebook-f Linkedin-in Cape Town Contact Details Address : First Floor, Willowbridge Centre, Carl Cronje Dr, Bellville Park, Cape Town, 7530 Phone : 021 974 6182 Email : eloff@hurterspies.co.za Office Hours Monday to Thursday: 08:00 – 16:30 Friday: 08:00 – 15:00 Follow Us Facebook-f Linkedin-in --- ## In The News URL: https://hurterspies.co.za/news/ Type: page Modified: 2025-11-28 In The News --- ## Articles URL: https://hurterspies.co.za/articles/ Type: page Modified: 2025-11-28 Articles Legal Snippets The Hurter Spies legal blog is focused on answering general legal questions clearly and simply.  Facebook Twitter Linkedin Articles on the Hurter Spies Blog should not be viewed as formal legal advice. Feel free to contact us to schedule a legal consultation for formal advice and assistance. Looking for more interesting articles? Search Again --- ## Will Request URL: https://hurterspies.co.za/will-request/ Type: page Modified: 2025-11-28 Will Request REQUEST TO DRAFT A FINAL WILL AND TESTAMENT Please complete the form below to generate your personal Will and Testament. TYPE OF WILL AND TESTAMENT: Last Will And TestamentLast Will And Testament (Joint)Living Will TestatorTestatrix YOUR DETAILS: DETAILS OF TESTATOR (MALE): Title*: MrMsMrsMiss Full name and surname*: Identity number*: Occupation: Employer: Phone (home): Phone (work): Mobile phone*: Email*: DETAILS OF TESTATRIX (FEMALE): Title*: MsMrsMissMr Full name and surname*: Identity number*: Occupation: Employer: Phone (home): Phone (work): Mobile phone*: Email*: MARITAL STATUS: Married in community of propertyMarried out of community of property without the accrual systemMarried out of community of property with the accrual systemDivorcedUnmarriedWidowWidower Full name and surname of spouse PHYSICAL ADDRESS: Address line 1*: Address line 2*: Address line 3 Postal code*: Do you have children? YesNo PARTICULARS OF CHILDREN: (NOTE: Full names and surnames of all children, including children that have passed away and had children and children who were legally adopted - Full name, date of birth and gender.) – Kindly indicate if children are from previous marriage. Full name and surname: Date of birth: Gender: From previous marriageNot from previous marriage Full name and surname: Date of birth: Gender: From previous marriageNot from previous marriage Full name and surname: Date of birth: Gender: From previous marriageNot from previous marriage Full name and surname: Date of birth: Gender: From previous marriageNot from previous marriage BEQUEATH OF MY ESTATE: At the event of my death I bequeath my estate as follows: HEIRS: Testator’s Will as first deceased. Is the testatrix the only heir? YesNo Are the children the only heirs? YesNo Full name, surname, date of birth of additional heirs. Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Testatrix’s Will as first deceased. Is the testator the only heir? YesNo Are the children the only heirs? YesNo Full name, surname, date of birth of additional heirs. Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Will and Testament of surviving spouse and/or in the case of simultaneous death Are the children the only beneficiaries? YesNo If not, full name, surname, date of birth of additional heirs. Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship:   Will and Testament in the case of family obliteration. (Optional) Full name, surname, date of birth and relationship to, of additional heirs.(Example. Irma Louw, sister of Testator). Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: INHERITANCE OF MINORS IN TRUST: Are your children still minors? YesNo The inheritance of minors should be held in a trust.The inheritance of minors should not be held in a trust. Up to age: TRUSTEE(S): GUARDIAN AND RELATIONSHIP: RESIDUE HEIRS: Full name, surname, date of birth and relationship to, of heirs. Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: Full name and surname: Date of birth: Gender: Relationship: SPECIAL BEQUEATH: Do you belong to any of the following organisations: AfriforumPretoria FMSolidariteitHelpende HandOther R10 000.00R20 000.00R50 000.00Other EXECUTOR: I hereby nominate the firm Hurter Spies Inc to be the Executor of my estate: YesNo Who should act as Executor: (Additional costs involved.) Please attach any additional information (if necessary). --- ## About URL: https://hurterspies.co.za/about/ Type: page Modified: 2025-11-28 About The Firm Background : Hurter Spies Inc Hurter Spies Incorporated was founded on 1 April 2008 when Willie Spies (who at the time was a member of Parliament) and Johan Hurter (who at the time was a senior partner at a prominent Pretoria law firm) decided to start a new law firm in Pretoria.  The firm quickly made strides with a successful application to the North Gauteng High Court as well as the Constitutional Court in February 2009 to ensure that South Africans overseas are able to vote in national elections.  In April 2009 Spies was reelected as member of Parliament but shortly afterwards decided to return to full time practice as an attorney with a particular focus on civil rights litigation, with AfriForum as most prominent client. Since then the firm has acted on behalf of AfriForum, Solidarity and various other NGO’s and think tanks. Sedert Augustus 2009 tree die firma gereeld en op ‘n deurlopende basis namens AfriForum op in ‘n verskeidenheid burgerregte hofaksies asook ‘n verskeidenheid van ander nie-regerings organisasies. Committed To Helping Our Clients Succeed Our Mission Hurter Spies is founded with three goals in mind: To assemble an outstanding group of legal practitioners with talent, creativity and experience to assist our clients with any legal challenge, today and in the future; To build a legal firm that is grounded in the values of justice, equality before the law and the supremacy of the law; To give each of our clients the certainty that we will approach their legal work with the highest quality of service as they have come to expect of our firm. Principles Clients do not come to us with easy questions of law, simple cases and straightforward transactions. Clients come to us due to the reputation of excellent service that is delivered promptly. We are proud to find innovative solutions to complex problems that require us to use our full expertise and experience. --- ## Vacancies URL: https://hurterspies.co.za/vacancies/ Type: page Modified: 2025-10-31 Vacancies Join the Hurter Spies team. Hurter Spies Incorporated requires a Collections and Debtors Clerk (full-time). Job description General financial administration regarding debt collections and feedback to clients; Other related administrative and legal obligations; Sound knowledge of legal processes, collection of legal and other documents; Drafting letters to sheriffs, following up with sheriffs and debtors; Handling diaries and administrative assistance to financial officers; Sending invoices to clients and following up on outstanding debtors; Qualification Grade 12 Computer literate – Word, Excel and Outlook Typing speed 40 words per minute Experience in GP would be an advantage and a very strong recommendation Skills Accuracy; punctuality; honesty; good organizational and communication skills; maintaining good human relations; ability to work in a team; ability to work under pressure; exceptional administrative skills; typing and computer skills; bilingual Afrikaans and English; own transport and valid driver’s license. Closing date for applications Interested parties can send their applications to admin@hurterspies.co.za, or use our online application form, by no later than 9 Mei 2025. Apply Now --- ## Other Services URL: https://hurterspies.co.za/services/other-services/ Type: page Modified: 2025-07-14 Other Services We provide a wide range of services. Please complete the form below and we will contact you. Notice: JavaScript is required for this content. --- ## Property Law And Conveyancing URL: https://hurterspies.co.za/services/property-law-and-conveyancing/ Type: page Modified: 2025-07-14 Property Law and Conveyancing Hurter Spies’ practice for Deeds and Conveyances is dedicated to providing expert services in relation to the transfer of immovable property. Our experienced team of solicitors are there to guide you through the complex process of deeds and conveyances and protect your rights. What Deeds and Conveyances involve Deeds and conveyances are an important area of ​​practice involved in the transfer of property rights from one party to another. Our services in this practice area include: Purchase and Sale Contracts: Drafting and review of contracts for the purchase and sale of immovable property. Transfer of Title: Initiate and facilitate the process of transferring title from the seller to the buyer. Registration of Deeds: Handles the registration of deeds with the relevant government agencies for legality. Mortgage Registrations: Register mortgages on properties for financial institutions. If you are planning to buy, sell a property, or have any deeds and conveyancing matters, feel free to contact the lawyers at Hurter Spies for expert advice and professional service. Notice: JavaScript is required for this content. --- ## Labour Law URL: https://hurterspies.co.za/services/labour-law/ Type: page Modified: 2025-07-14 Labour Law Hurter Spies’ labour law practice aims to help employees and employers with all aspects of labour relations. Our experienced lawyers are dedicated to ensuring that rights and duties within the employment relationship are met effectively. What Labour Law entails Labour law focuses on the regulation of labour relations and protection of the rights of employees and employers. Our services in this field of practice include: Labour Agreements: Drafting and reviewing labour agreements that clearly outline the rights and obligations of both employees and employers. Disputes and Dismissal Procedures: Legal assistance in cases of disputes, disciplinary matters, and correct dismissal procedures. Labour Legal Representation: Lawyers who represent employees or employers in court proceedings relating to labour matters. Mediation and Settlement of Labour Disputes: Mediation and settlement of labour disputes to avoid protracted court cases. If you need help with any aspect of labour law, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Estates Practice URL: https://hurterspies.co.za/services/estates-practice/ Type: page Modified: 2025-07-14 Estates Practice At Hurter Spies, we are dedicated to offering expert assistance in all aspects of deceased estates. We understand the sensitive nature of inheritance law issues and offer comprehensive services to protect individuals’ assets and pass them down to the next generation in an orderly manner. What estates practice involves Estates practice focuses on the management of a person’s assets and finances during their lifetime, as well as the orderly transfer of assets to heirs after their death. Our services include: Wills and estate planning: Drafting valid wills to protect individuals’ wishes and financial interests. Executorship and Estate Administration: Handling the executorship of a deceased’s estate, including the administration of assets and debts. Living Wills and Trusts: Advice and implementation of living will structures and trusts for long-term asset protection. Resolution of Estate Issues: Mediation and legal assistance for any dispute or litigation relating to an estate. If you need help with any aspect of estates practice, feel free to contact the experienced lawyers at Hurter Spies. Our team is dedicated to protecting your interests and ensuring that your estate matters are handled efficiently and professionally. Notice: JavaScript is required for this content. --- ## Criminal Law URL: https://hurterspies.co.za/services/criminal-law/ Type: page Modified: 2025-07-14 Criminal Law Hurter Spies’ criminal law practice is dedicated to the defence of individuals facing criminal prosecution. Our experienced lawyers are there to protect your rights, regardless of the nature of the accusation, and provide effective legal assistance in criminal cases. What Criminal Law involves Criminal law focuses on the rights of individuals accused of criminal offences. Our services in this practice area include: Criminal Defence: Representation of individuals in court proceedings and defence against criminal accusations. Bail applications: Help with the preparation of bail applications to secure clients’ release pending the court case. Appeals: The submission of appeals in cases where a client has been unjustly convicted. Young people: Specialist legal aid for young people involved in criminal matters. If you or a loved one is faced with criminal charges, contact the lawyers at Hurter Spies for professional legal assistance. Notice: JavaScript is required for this content. --- ## Family Law URL: https://hurterspies.co.za/services/family-law/ Type: page Modified: 2025-07-14 Family Law Hurter Spies’ family law practice aims to assist individuals and families with family law issues. Our experienced lawyers are dedicated to ensuring an understanding and efficient handling of cases within family law. What does Family Law involve Family law focuses on legal issues related to family relationships and personal matters. Our services in this practice area include: Divorce Cases: Handling Divorce Procedures. Child Custody Matters: Representation in matters of child custody, visitation rights, and child support. Prenuptial agreements: Drafting and revision of prenuptial agreements. Adoption and guardianship: Legal aid in cases of adoption, as well as the appointment of guardians for minors. If you are involved in a family law issue and need help, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Equality Court URL: https://hurterspies.co.za/services/equality-court/ Type: page Modified: 2025-07-14 Equality Court Hurter Spies’ Equality Court practice aims to help individuals and organizations with matters related to equality law and the protection of constitutional rights. Our experienced lawyers are dedicated to promoting equality and fairness for all. Hurter Spies is proud to be a firm with extensive experience in the Equality Court. We have handled successful cases that have impacted equality law and constitutional rights, and our lawyers have a proven track record of effective representation in this particular field. We have participated in and contributed to pioneering cases in the Equality Court, where we have demonstrated our commitment to the ongoing pursuit of equality, fairness, and the protection of communities and individuals’ rights. This involvement illustrates our passion for the law and the indemnification of injustices. What the Equality Court involves The Equality Court deals with matters of equality law and constitutional rights, and our services in this field of practice include: Equality Disputes: Legal representation in cases where it is alleged that constitutional rights have been violated due to discrimination. Equality Impact Assessment: Help with the assessment of policies and practices to ensure they are consistent with equality principles. Equality Legal Advice: Advice on equality legal matters for individuals, businesses and organisations. Equality Court proceedings: Representation in court proceedings before the Equality Court. If you need help with any equality issues or if you need legal help in the Equality Court, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Delictual Claims URL: https://hurterspies.co.za/services/delictual-claims/ Type: page Modified: 2025-07-14 Delictual Claims This service is focused on representing individuals and organizations in tort cases. Our experienced attorneys are dedicated to protecting our clients’ rights and interests in delictual claim matters. What Delictual Claims involve Delictual claims focus on compensation for injured parties who suffer as a result of another party’s wrongful act. Our services in this practice area include: Personal Injury Legal Aid: Representation of persons who have suffered personal injuries as a result of negligence or reckless conduct. Property Damage: Legal representation for property owners who have experienced damage to their property due to the negligence of others. Professional negligence: Representation in cases of damages resulting from professional negligence or carelessness. If you are involved in a delictual claim issue or if you are considering damages, contact the lawyers at Hurter Spies for expert advice and professional legal representation. Notice: JavaScript is required for this content. --- ## Debt Collection URL: https://hurterspies.co.za/services/debt-collection/ Type: page Modified: 2025-07-14 Debt Collection The Hurter Spies debt collection practice is focused on protecting your financial interests by providing fast and efficient debt collection solutions. Our experienced team of attorneys have the knowledge and skills to address a variety of debt collection matters. Hurter Spies boasts an impressive track record of success in handling debt collections, resulting in an increasing number of businesses and entities trusting us with this important task. Our success rate is the result of a dedicated approach, expertise, and the willingness to deliver effective solutions for our clients. We have the privilege of working with a diversity of businesses and entities that consider Hurter Spies their preferred legal partner for debt collections. This trust testifies to our commitment to achieving optimal results for our clients and the integrity of our practice. What Debt Collection involves Debt collections is a critical aspect of law that focuses on collecting outstanding debts. Our services in this field of practice include: Promissory note drafting and settlement: Drafting and handling of promissory notes to notify debtors of the outstanding debt and possible legal action. Legal Aid for Debt Collection: Effective legal aid for debt collection through legal procedures, including court proceedings if necessary. Consumer credit law: Advice and legal assistance in relation to consumer credit law and the protection of debtors’ rights. Negotiation of Payment Arrangements: Mediation and negotiation of favorable payment arrangements to protect creditors’ interests. If you are struggling with debt collection or you need professional legal help to protect your financial interests, contact the lawyers at Hurter Spies. We are dedicated to ensuring an efficient solution to your debt collection matters. Notice: JavaScript is required for this content. --- ## Contract Law URL: https://hurterspies.co.za/services/contract-law/ Type: page Modified: 2025-07-14 Contract Law Hurter Spies’ contract law practice aims to help individuals, businesses and organizations with all aspects of contract law. Our experienced lawyers are dedicated to ensuring that your rights and interests in contractual relationships are properly protected. What does Contract Law involve Contract law focuses on the rights and obligations of parties in contractual relationships. Our services in this practice area include: Contract Drafting and Review: Professional drafting and review of contracts to protect the interests of all parties involved. Contract Disputes: Legal representation in cases of disputes, non-performance, or non-compliance with contract terms. Negotiation of Contracts: Mediation and negotiation of contract terms to reach a fair and reciprocal agreement. General Legal Aid for Contracts: Advice and support regarding general legal issues in contractual relationships. If you require professional legal assistance in relation to contractual matters, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Constitutional Law URL: https://hurterspies.co.za/services/constitutional-law/ Type: page Modified: 2025-07-14 Constitutional Law Hurter Spies is a leading and specialist firm in the field of constitutional law, with a rich history of pioneering cases that have been successfully concluded in the Constitutional Court. We have a proven track record of taking on cases above our weight class, aiming to protect constitutional rights with determination and efficiency. Our lawyers are not only skilled in handling Constitutional law cases, but are also dedicated to protecting each individual and organization’s rights with passion and knowledge. If there is any possible injustice or legal problem you can be assured that Hurter Spies will be there to support and represent you with the highest level of expertise and commitment. What constitutes Constitutional Law Constitutional law focuses on the protection of individuals’ rights as contained in the constitution. Our services in this practice area include: Discrimination matters: Legal assistance for individuals who believe they have been discriminated against on the basis of race, sex, religion, or other protected characteristics. Language rights: Ensure that individuals’ language rights are protected, including the right to language use and the right to language education. Accountability Litigation: Litigation in the fight against corruption and holding government departments and entities accountable. Right to Equal Treatment: Effective representation in cases where it is alleged that your right to equal treatment has been violated. We strive to obtain justice through an active approach to protecting your constitutional rights. If you believe that your constitutional rights have been violated, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Commercial Law And Secretarial Services URL: https://hurterspies.co.za/services/commercial-law-and-secretarial-services/ Type: page Modified: 2025-07-14 Commercial Law and Secretarial Services Hurter Spies’ practice for commercial law and secretarial services aims to support businesses, companies and organizations with a full spectrum of legal services and secretarial support. What does Commercial Law involve Commercial law focuses on the rights and obligations of businesses and companies. Our services in this practice area include: Contracts and Agreements: Drafting, reviewing, and negotiating contracts and commercial agreements. Commercial Law Advice: Advice on commercial law issues, including competition and consumer protection. Company Law: Handling of matters concerning the establishment, restructuring and winding up of companies. Trademarks and Intellectual Property: Protecting trademarks and intellectual property rights for businesses. Secretarial Services We also offer secretarial services to help businesses with administrative duties, including: Company Secretariat: Compliance with regulations, application for company registration, and general company administration. Meetings and Minutes: Arrange and take minutes of board meetings, as well as general meetings. Statutory Compliance: Ensures that the company complies with all statutory requirements. If you require professional legal assistance and sectarian services for your business, contact the lawyers at Hurter Spies for expert advice and support. Notice: JavaScript is required for this content. --- ## Administrative Law URL: https://hurterspies.co.za/services/administrative-law/ Type: page Modified: 2025-07-14 Administrative Law Hurter Spies’ administrative law practice aims to support individuals and businesses in matters related to administrative law and the interaction with government institutions. Our experienced attorneys are dedicated to protecting your rights in these matters. What Administrative Law entails Administrative law focuses on the rights and duties of individuals and organizations within the administrative context of government and other public institutions. Our services in this field of practice include: Review application: Legal assistance with court applications to review wrongful decisions by government entities. Licenses: Help with applying for licenses, and other administrative permissions. Legal aid for Administrative Disputes: Representation in disputes with authorities and other administrative institutions. If you require legal assistance in connection with administrative matters, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Petroleum Law URL: https://hurterspies.co.za/services/petroleum-law/ Type: page Modified: 2025-07-14 Petroleum Law Hurter Spies’ administrative law practice aims to support individuals and businesses in matters related to administrative law and the interaction with government institutions. Our experienced attorneys are dedicated to protecting your rights in these matters. What Petroleum Law entails At Hurter Spies Inc, we assist filling station operators throughout the Site and Retail Licence process, until procurement of the respective Site and Retail Licences from the Department of Mineral and Petroleum Resources.  With our in-depth knowledge of the Petroleum Products Act, Act 120 of 1977 and its Regulations, we undertake to make the process of procuring the relevant licences as uninterrupted and efficient as possible. From the process of lodging or opposing any objections, to dealing with any subsequent appeals, as well as to take any decision on review by way of High Court litigation, we are here to assist you every step of the way.    If you require legal assistance in connection with petroleum law matters, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Environmental Law URL: https://hurterspies.co.za/services/environmental-law/ Type: page Modified: 2025-07-14 Environmental Law Hurter Spies’ administrative law practice aims to support individuals and businesses in matters related to administrative law and the interaction with government institutions. Our experienced attorneys are dedicated to protecting your rights in these matters. What Environmental Law entails We are dedicated to safeguarding both the environment and the interests of our clients in terms of Section 24 of the Constitution of the Republic of South Africa, 1996. As a law firm also specializing in environmental law, we bring deep knowledge, strategic insight, and a passion for the environment and sustainable development to every case, in order to comply with the National Environment Management Act, Act 107 of 1998.  Whether you’re navigating the environmental laws of South Africa, facing enforcement actions, or pursuing environmental justice, our experienced attorneys are here to help. We combine legal expertise with a commitment to creating lasting impact—for your business, your community, and the Republic of South Africa at large. If you require legal assistance in connection with environmental law matters, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Land Development Law URL: https://hurterspies.co.za/services/land-development-law/ Type: page Modified: 2025-07-14 Land Development Law Hurter Spies’ administrative law practice aims to support individuals and businesses in matters related to administrative law and the interaction with government institutions. Our experienced attorneys are dedicated to protecting your rights in these matters. What Land Development Law entails Land Development Law encompasses a wide variety of specialist areas, such as town and regional planning law, development law, municipal law, administrative law, all intertwined into one niche area.  We assist developers and investors, from a legal perspective, throughout the municipal planning process, with their respective development projects throughout the Republic of South Africa.   If you require legal assistance in connection with land development law matters, contact the lawyers at Hurter Spies for expert advice and legal representation. Notice: JavaScript is required for this content. --- ## Михаил Зборовский: как смартфоны изменили требования к ИТ-продуктам URL: https://hurterspies.co.za/mihail-zborovskij-kak-smartfony-izmenili/ Type: post Modified: 2025-07-03 Распространение смартфонов и планшетов коренным образом изменило принципы цифрового взаимодействия между компаниями и клиентами. Если раньше мобильная версия сайта считалась дополнением, то сегодня она — первоочередная необходимость. Компании, которые не адаптируются к мобильной реальности, рискуют терять клиентов с первых секунд взаимодействия. Михаил Зборовский, эксперт по стратегическому развитию ИТ-продуктов, считает: “Мы живём в эпоху, где пользователь ожидает моментального отклика и полного комфорта — в любом месте и в любое время.” Почему мобильность стала решающим фактором Растущее количество мобильных устройств стало катализатором для глубоких изменений в цифровой инфраструктуре бизнеса. Успешные платформы пересобирают свои процессы и продукты с нуля, исходя из сценариев мобильного взаимодействия. Михаил Зборовский подчёркивает: “Для современного пользователя первые 5 секунд — решающие. Он определяет, останется ли на платформе или закроет её. Поэтому бизнесу стоит учитывать следующие ключевые моменты” Клиенты предпочитают оформлять заказы и подписки прямо с телефона. Решения о покупке часто принимаются в движении — во время поездок, ожидания, перерывов. Уровень лояльности зависит от того, насколько легко и быстро работает мобильный продукт. Бизнес должен учитывать эти изменения и перестраивать ИТ-процессы с прицелом на мобильного пользователя. Компании, игнорирующие эти требования, теряют доверие и упускают рынок. Как это влияет на развитие ИТ-продуктов Мобильность уже давно перестала быть опцией — она стала основой цифровой стратегии любого бизнеса. Как подчёркивает Михаил Зборовский, мобильная эра — это время, когда выигрывают те, кто умеют строить сервисы, заточенные под реальный ритм жизни клиента. Массовое использование смартфонов требует следовать ряду обязательных правил.  Максимальная производительность на любом устройстве. Минимизация размера страниц и времени загрузки. Простая, лаконичная структура с чёткими call-to-action. Более того, приложения должны быть не только быстрыми, но и безопасными — киберугрозы в мобильной среде растут с каждым годом. Это вынуждает компании внедрять многоуровневую защиту и использовать поведенческую аналитику. --- ## Understanding Your Rights as a Tenant: A Guide to Rental Laws in South Africa URL: https://hurterspies.co.za/understanding-your-rights-as-a-tenant-a-guide-to-rental-laws-in-south-africa/ Type: post Modified: 2024-10-27 By Belinda Pieterson Understanding Your Rights as a Tenant: A Guide to Rental Laws in South Africa Renting a property in South Africa comes with rights and responsibilities for both tenants and landlords. To ensure a smooth rental experience, it’s crucial to understand the laws that govern the landlord-tenant relationship. This guide provides valuable insights into South African rental laws, empowering tenants with knowledge about their rights and obligations. Please note that while this guide provides valuable insights, it’s essential to refer to the applicable laws for precise wording and relevance. 1. Overview of Rental Legislation in South Africa The Rental Housing Act of 1999 , along with its amendments and regulations, serves as the cornerstone of rental laws in South Africa. This legislation establishes the framework for rental agreements, covering various aspects such as lease termination, tenant rights, and dispute resolution. It’s essential for both tenants and landlords to familiarize themselves with the provisions of this act to ensure compliance and fair treatment. For further details, you can access the full text of the Rental Housing Act and related regulations at the following links: Rental Housing Act No. 50 of 1999Rental Housing Amendment Act No. 35 of 2014Regulations under the Rental Housing Act, 1999 (Government Gazette, 18 March 2022, No. 46063) 2. Tenant Rights As a tenant, you have specific rights that are protected according to the Act, which include among other: Habitability: Landlords must provide habitable dwellings, ensuring that the property is safe and suitable for living (Section 4B(11)). Privacy: You have the right to privacy during your lease term, with landlords required to provide reasonable notice for inspections (Section 4A(5)). Protection: The Act safeguards tenants against unwarranted search and seizure, ensuring the security of their possessions and communications (Section 4A(6)(7)). Understanding these rights empowers tenants to assert themselves and receive proper treatment from landlords. 3. Landlord Obligations Landlords have responsibilities towards their tenants, as outlined in the Act (Section 4B). These obligations include among other: Maintenance: Landlords must maintain the property in good state of repair, ensuring that all installations and appliances are functional. Notice: Before making any changes to the property, landlords must provide tenants with proper notice to avoid any disruptions. By fulfilling these obligations, landlords contribute to a positive rental experience for their tenants. 4. Rental Agreements/Leases A written rental agreement is essential for clarifying the terms of the tenancy (Section 4A(1)). This agreement should include provisions for, among other: Receipts: Landlords must provide written receipts for all payments received from tenants, clearly indicating the date, purpose of the payment, the period for which the payment is made, and the property address (Section 4A(1)). Deposits: The deposit amount (not greater than 2 months’ rent) and its handling, including investment in an interest-bearing account, should be specified in the agreement (Section 4B(1)(a)(b) and Regulation 78(1)). Where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act (Section 4B(2)). Privacy: Tenants have the right to privacy during the lease period, with landlords required to give reasonable notice for inspections (Section 4A(5)). Provisions: If on the expiration of the lease the tenant remains in the dwelling with the express or tacit consent of the landlord, the parties are deemed, in the absence of a further written lease, to have entered into a periodic lease, on the same terms and conditions as the expired lease (Section 5(5)). A lease must include the following information, and shall substantially comply with sections 4A, 4B and 5(6), (7) and (8) of the Act: The names and addresses of both the tenant and the landlord. A detailed description of the leased dwelling, with a street address being sufficient. The rental amount and any reasonable escalation terms specified in the lease. Frequency of rental payments if not on a monthly basis. The amount of the deposit, if applicable. The lease period or, if unspecified, the notice period required for termination of the lease. Clear obligations of both the tenant and the landlord, ensuring compliance with relevant provisions and regulations. Any additional charges payable in respect of the dwelling. A list of defects identified during the joint inspection, to be attached as an annexure to the lease. Attachment of any House Rules applicable to the dwelling as an annexure to the lease. These provisions aim to ensure transparency and clarity in rental agreements, protecting the rights and responsibilities of both parties involved. 5. Types of Lease Agreements Understanding the differences between fixed-term and month-to-month agreements is crucial for both landlords and tenants. Let’s delve into these: 5.1 Fixed-Term Agreements Fixed-term agreements specify a predetermined duration for the tenancy, along with defined rights and responsibilities. Here’s what you need to know: Applicable Law: Also governed by the Consumer Protection Act 68 of 2008 (CPA). Refer to: Consumer Protection Act 68 of 2008 Consumer Protection Act: Regulations Duration: The lease agreement stipulates the start and end dates of the tenancy. During this period, both the landlord and the tenant are bound by the agreement’s terms. Upon expiry, it will be automatically continued on a month-to-month basis, or be renegotiated. Termination Notice Period: 20 business days’ notice (Section 14(2) of the CPA). Cancellation Penalty: Tenants are liable for all outstanding amounts up to lease cancellation, including arrear rental, utility bills, and potential property damages. A reasonable cancellation fee may also apply (Section 14(3)(i) as read with Regulation 5(2) of the CPA). Breach: If the tenant fails to fulfil obligations or remedy breaches within 20 business days of receiving written notice, the landlord may claim specific performance or terminate the lease and claim arrear rental and damages from the tenant. 5.2 Month-to-Month Agreements Month-to-month agreements, also referred to as periodic agreements, offer flexibility with the following considerations: Duration: Continues until either party provides notice to terminate. Termination Notice Period: 1 calendar months’ notice (Section 5(5)). Breach: Failure to pay rent or comply with lease terms empowers the landlord to demand rent, cancel the lease, or pursue eviction (Section 4B(9)(c)). 6. Rent Increases According to Regulation 79(1), landlords may increase rent for any tenancy, provided they adhere to the following criteria: Notice Requirement: The landlord must inform the tenant in writing of the proposed increase. Notice Period: The date on which the increased rent becomes payable must be at least 2 calendar months after the notice is given. Amount Specification: The notice must clearly state the new amount of rent and the date from which it will be applicable. Frequency Limitation: For tenancies not subject to annual rent adjustment, rent cannot be increased within 12 months from the commencement of the tenancy. Subsequently, increases may occur annually. Understanding the regulations surrounding rent increases is vital for both landlords and tenants to ensure compliance and transparency in rental agreements. By adhering to the requirements outlined in Regulation 79(1), landlords can effectively communicate and implement rent adjustments, fostering a fair and harmonious relationship with their tenants. Tenants, on the other hand, can be informed and prepared for any potential changes to their rental obligations. Clear communication and adherence to regulations serve as the foundation for a mutually beneficial rental arrangement. 7. Inspections and Deposit Before and after tenancy, joint inspections are crucial for determining property condition and managing deposits effectively. Legal provisions detail procedures for deposit refunds and deductions, ensuring fairness for both parties. 7.1 Before Moving In Prior to occupying the dwelling, both tenant and landlord must conduct a joint inspection (Section 5(3)(e)). This inspection aims to assess any existing defects or damages, thereby clarifying the landlord’s responsibility for rectification. 7.2 Before Moving Out No Repairs: Deposit Payable Within 7 Days: Upon lease expiration, both parties must conduct a joint outgoing inspection within three days prior of expiration to determine any damage during the tenancy (Section 4B(5)). If no amounts are due to the landlord, the deposit plus interest must be refunded within 7 days after lease expiration (Section 5(3)(i)). Repairs: Deposit Payable Within 14 Days: If repairs are necessary, the landlord can deduct repair costs from the deposit, refunding the balance plus interest within 14 days of restoring the dwelling (Section 5(3)(g)). The landlord must provide receipts for deducted repair costs as proof, available for tenant inspection (Section 5(3)(h)). Tenant Failed to Commit to Joint Exit Inspection: Deposit Payable Within 21 Days: In the event of the tenant’s failure to participate in the joint exit inspection, the landlord must assess damages within 7 days after the lease expiration. Deductions, including repair costs and arrear rental, may be made, with the balance refunded within 21 days (Section 5(3)(k), (l), and (m)). No Joint Inspections Conducted: Full Deposit Refund Within 7 Days: Failure by the landlord to conduct joint inspections implies the dwelling is in good and proper state of repair. Consequently, this results in a full deposit refund to the tenant within 7 days after lease expiration (Section 5(3)(j)). Tenant Vacates Before Lease Expiry Without Notice: Landlord Retains All Rights: Should the tenant vacate the dwelling before the lease expiration without notice to the landlord, the lease is deemed to have expired. However, in such an event, the landlord retains all rights arising from the tenant’s breach of the lease (Section 5(3)(o)). 8. Termination of Lease According to Section 4B(9)(d), upon termination of the lease: The tenant must vacate the dwelling or rental housing property immediately upon expiration of the lease. The landlord is entitled to receive the property in a good state of repair, except for fair wear and tear. In cases where the tenant fails or refuses to vacate the dwelling, the landlord has the right to seek eviction through legal means. This involves obtaining an order of court to evict the tenant from the property. Furthermore, the landlord may claim compensation for any damage to the dwelling or rental housing property caused by the tenant, a member of the tenant’s household, or a visitor of the tenant. Familiarizing yourself with these regulations can help protect your rights and ensure a smooth termination process. 9. Tenant Remedies In case of rights violations, tenants have avenues for recourse, including filing complaints with the Rental Housing Tribunal or seeking legal assistance for resolution. By utilizing this guide, you can navigate the rental landscape in South Africa with confidence, understanding your rights and responsibilities. Remember, seeking professional advice when in doubt can provide clarity and ensure a smooth rental experience. --- ## Applications URL: https://hurterspies.co.za/applications/ Type: page Modified: 2024-10-22 Applications Please submit your CV and details Position Applied For* Your Personal Information Name* Surname* Contact Number* Email Address* Physical Address Street Name Street Number Complex Neighbourhood Town Province Postal Code Upload your CV here.   I have read and agree to the terms set out in the Hurter Spies Inc Privacy Policy. --- ## Amicus URL: https://hurterspies.co.za/amicus-channel/ Type: page Modified: 2024-05-06 Amicus A Legal Talk Show With Willie Spies https://www.youtube.com/watch?v=Tbog_BWiFZIhttps://www.youtube.com/watch?v=DRlZBdPb7Swhttps://www.youtube.com/watch?v=cxxqn5UmnsYhttps://www.youtube.com/watch?v=AV1Mkki_xyshttps://www.youtube.com/watch?v=eG-_nntkC8whttps://www.youtube.com/watch?v=J4NRYk3vRUohttps://www.youtube.com/watch?v=8KeIJ84XhgMhttps://www.youtube.com/watch?v=mDPrF546-kUhttps://www.youtube.com/watch?v=Vpgib0xxIishttps://www.youtube.com/watch?v=hAPUlD_ITf0https://www.youtube.com/watch?v=kkP3O3_OPqg --- ## PAIA Made Practical – A Guide to Access to Information Requests (Part 1) URL: https://hurterspies.co.za/paia-made-practical-a-guide-to-access-to-information-requests-part-1/ Type: post Modified: 2024-03-06 (Part 1 of 4: The Access to Information Request) By Arno Roodt Have you ever wondered where public interest organisations, journalists, and social activists get access to the crucial information necessary to uncover corruption, flaunt miscarriages of justice, or expose administrative wrongdoings? Although it is certainly more entertaining to think of secret rendezvous with undercover informants, the most likely (and certainly more practical) answer is that they obtain access to this information through a request for access to information.  The South African Constitution guarantees the right to access information.1 Specifically, Section 32 of the Constitution provides that: 32. (1) Everyone has the right of access to— (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right and may provide for reasonable measures to alleviate the administrative and financial burden on the state. Accordingly, the Promotion of Access to Information Act 2 of 2000 (often referred to simply as PAIA), was enacted to give effect to this right. In doing so the Legislature made a stark departure from the previous legal position where the often secretive and unresponsive culture which was entrenched in both public and private bodies, resulted in instances of abuse of power and human rights violations.2 PAIA goes beyond merely acknowledging our right to of access to information but recognises the crucial role that access to information has on the integrity of our democratic dispensation. Pursuantly, PAIA aims to foster a culture of transparency and accountability, whilst actively promoting a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights more fully.3 Now, more than ever, the need for access to information is highlighted in our country’s never-ending battle against corruption, state capture, loadshedding, and inequality. Luckily for us, we have an effective tool to break open the casks of secrecy and corruption, and shine an exposing light on the truth – but how exactly do you use it?  This article, in conjunction with part two to four will provide you with a step-by-step guide to using PAIA to obtain access to information held by both public and private bodies.  The Access to Information Request  Step 1: Preliminary questions –  Before you start the process of lodging a PAIA application, there are some preliminary questions to consider in order to determine whether a PAIA application is the right tool for you. The preliminary questions are listed below: What type of institution do you want information from? There are two types of institutions or “bodies” described by PAIA, each requiring a slightly different approach. The first institution is known as a public body. Section 1 of PAIA defines a Public Body as: “(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or  (b) any other functionary or institution when—  (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or  (ii) exercising a public power or performing a public function in terms of any legislation. This essentially boils down to the idea that public bodies are any institution which is related to the state, such as National Departments, Government Agencies, Municipalities, and State-Owned Enterprises.  The second institution described in PAIA is a private body – which is essentially any person or institution not falling under the definition of a public body. The process relating to private bodies will be discussed in Part 4.   What type of information do you require? Although PAIA is a very effective tool to obtain information, it is not a catch-all solution to gain access to any type of information.  Section 2 of PAIA prescribes that it applies specifically to records held by public and private bodies. Thus, the information requested must relate to a record held by these bodies. PAIA defines a record as:  any recorded information—  (a) regardless of form or medium;  (b) in the possession or under the control of that public or private body, respectively; and  (c) whether or not it was created by that public or private body, respectively; Thus, the information that is requested must already exist and be under the control of the body (whether directly, or via a contractor or official). A few good examples of such records are correspondence, minutes of meetings, expense reports, tender documents, or board resolutions. Once you have answered the above questions, and you have determined that PAIA is the right tool for your situation, you can get started with the next step.  Step 2: Drafting the application –  When drafting the application for access to information one must first consult the specific body’s PAIA manual to determine whether they require a unique application form or specific procedural steps4. Generally the Information Regulator Form 2 can be used. You can access this form here. You must fill in the relevant application form, however, you can also add a cover letter to the application to further elaborate on any of the points discussed below. In either case, you must follow the steps as set out below:  Fill in the relevant Information Officer’s details: Title, Name, Surname, Address, Email Address, and Fax.  Fill in your personal information. If you are making an application on behalf of an organisation, or someone else, fill in their information.  Describe the records that you are requesting, be as specific as possible.  Provide a reference number (if possible).  Specify in what form the record is e.g. Written record, photos or images, voice recordings etc.  Specify in which form you wish to receive the record e.g. Written record, photos or images, voice recordings etc.  Specify the manner in which you wish to receive the record e.g. Through email, post, or personal inspection. Specify the preferred language that you would like to receive the record in.  Provide an overview of the rights you wish to exercise and/or protect by accessing the requested Information. As a general rule, you can state the following:  “By sending this request for access to information I rely on my right to access to information. I further rely on my right to just administrative action, equality, and human dignity. Moreover, I rely on my rights to transparency and accountability by public bodies such as the (insert relevant body). I further submit that providing the requested information is in the public interest.” Explain why the requested information would aid in the exercise and protection of the above-mentioned rights. This would be dependent on your unique circumstances.  You may have to pay a fee in relation to your request. However, you may be exempted if:  the information requested relates to your personal information; You earn less than R14 712 per year (if unmarried) or R27 192 (if married).  Finaly, sign, and date the application in the space provided. If you are submitting the application on behalf of someone else, they must also sign in the space provided.   Step 3: Submitting the application –  Now that you have finalised the application for access to information, you must submit it to the Information Officer of the relevant body. As a general rule, sending an email to the Information Officer (at the email address listed in their PAIA manual) would be sufficient. However, it would be diligent to serve the application by hand as well, as emails to public bodies often go unanswered. If you are serving the application by hand, ensure that you bring two copies along, and that your copy is dated and stamped on the front page to prove service on the body.   When drafting an email to the Information Officer, the following would be sufficient: RE: PAIA APPLICATION: (YOUR NAME)//(BODY’S NAME) To whom it may concern,  Kindly find an application for access to information in terms of PAIA attached hereto for the attention of the Information Officer.  Please take note as per the prescribed timelines, I expectantly await your response by not later than 30 (thirty) days from the date of receipt hereof.  Kindly confirm receipt of this message and the attached application.  Kind regards, …  Step 4: Waiting for the response –  Once you have submitted the application the relevant body may take up to 30 days to respond to your request.  The body is likely to respond in one of three ways:  They will grant your request and arrange delivery of the requested records.  They may refuse your request.  They may request an extension of up to 30 additional days to make a decision.  Should the body refuse your request you are entitled to lodge an internal appeal against their decision. This process will be discussed further in Part 2.  Equally so, should the body not provide you with an answer after the lapse of 30 days since the submission of your claim, your application shall be deemed to have been refused5. You are also entitled to lodge an internal appeal against a deemed refusal.  This guide should assist you in submitting your own request for access to information. However, since this is merely a practical guide and does not constitute legal advice, your unique circumstances may require further assistance or expert guidance. Kindly contact our offices to arrange a consultation.   Look out for the rest of the series: PAIA Made Practical – A Guide to Access to Information Requests (Part 2 of 4: The Internal Appeal) PAIA Made Practical – A Guide to Access to Information Requests (Part 3 of 4: The Information Regulator Complaint) PAIA Made Practical – A Guide to Access to Information Requests (Part 4 of 4: Private Bodies) 1The Constitution of South Africa of 1996.2Preamble of the Promotion of Access to Information Act 2 of 2000. 3Preamble of the Promotion of Access to Information Act 2 of 2000. 4For instance, the South African Police Service requires that the SAPS512n form be used when requesting access to information. You can access this form here.5Section 27 of the Promotion of Access to Information Act 2 of 2000. --- ## Understanding the Implications of the Proposed Two-Pot Retirement System: A Labour Law Perspective URL: https://hurterspies.co.za/understanding-the-implications-of-the-proposed-two-pot-retirement-system-a-labour-law-perspective/ Type: post Modified: 2024-03-06 By Daniël Eloff, Director For labour advice for employers contact Employer SA today: www.employersa.co.za  Introduction The proposed two-pot retirement system, set to overhaul retirement savings in South Africa, has garnered significant attention and debate across various sectors. From financial experts to policymakers, many have weighed in on its potential impact. However, it is crucial to examine this system through the lens of labour law, as it directly affects employees’ rights and benefits in the workplace. Overview of the Two-Pot Retirement System The essence of the two-pot retirement system lies in its stated aim to provide employees with a balance between short-term financial flexibility and long-term retirement security. Under this system, retirement funds will be divided into two pots: a “savings pot” and a “retirement pot.” Employees will have limited access to the savings pot for emergency withdrawals, while the retirement pot remains preserved until retirement age. Implications for Employees From a labour law perspective, the introduction of the two-pot system brings both opportunities and challenges for employees. On one hand, the ability to access a portion of retirement funds in times of financial hardship offers much-needed flexibility, aligning with the principle of employee protection. Employees facing unforeseen circumstances such as medical emergencies or sudden unemployment may find relief in accessing their savings pot. However, there are concerns regarding the long-term implications of frequent withdrawals from the savings pot. Various experts fear that excessive withdrawals could undermine employees’ retirement security, potentially leading to increased reliance on state support in old age. Moreover, the administrative burden on retirement funds to implement and manage the two-pot system raises questions about compliance with labour regulations and the protection of employee rights. Labour Rights and Protections In evaluating the two-pot system, it is essential to uphold labour rights and protections enshrined in South African law. The Labour Relations Act (LRA) and related legislation prioritise fair treatment, non-discrimination, and adequate compensation for employees. Any changes to retirement benefits must adhere to these principles and ensure that employees’ rights are safeguarded throughout their employment tenure. One aspect of concern is the potential impact on employee benefits negotiated through collective bargaining agreements or employment contracts. Employers and trade unions may need to reassess existing retirement provisions to accommodate the two-pot system while maintaining fairness and equity for all employees. Any amendments to retirement benefits should undergo transparent negotiation processes to protect the interests of workers and employers. Legal Considerations and Compliance From a legal standpoint, the successful implementation of the two-pot retirement system hinges on compliance with regulatory requirements and legislative frameworks. Retirement funds and employers must navigate complex legal landscapes to ensure that the system aligns with labour laws, tax regulations, and industry standards. The Pension Funds Act (PFA) and related legislation govern the operation of retirement funds, including contribution requirements, investment practices, and member benefits. Any changes to retirement fund structures or withdrawal policies must comply with the provisions outlined in these laws. Failure to adhere to regulatory requirements could result in legal challenges and penalties for non-compliance. Moreover, employers have a duty of care to their employees regarding retirement planning and financial wellness. Our labour law mandates that employers act in good faith and in the best interests of their employees when implementing changes to retirement benefits. Employers must communicate effectively with employees, provide access to relevant information, and address any concerns or grievances in a timely manner. Conclusion In conclusion, the proposed two-pot retirement system presents both opportunities and challenges from a labour law perspective. While it offers employees greater flexibility in managing their retirement savings, concerns remain regarding its long-term impact and compliance with labour regulations. Employers, retirement funds, and labour unions must collabourate to ensure that the implementation of the two-pot system prioritises employee rights, fairness, and legal compliance.  --- ## The CCMA Dilemma: Overwhelmed and Overshadowed URL: https://hurterspies.co.za/the-ccma-dilemma-overwhelmed-and-overshadowed/ Type: post Modified: 2024-03-06 By Daniël Eloff, Director In the realm of labour law and dispute resolution, South Africa’s Commission for Conciliation, Mediation, and Arbitration (CCMA) has long been considered a unique success story in the post-apartheid era. An institution that, for years, epitomised the democratic ideals of accessible justice and peaceful resolution, the CCMA has faced glaring shifts in recent times, casting a shadow of uncertainty over its role in the evolving landscape of labour law. Recent times have seen a disheartening decline in the quality of CCMA rulings, accompanied by a growing caseload that threatens to overwhelm this statutory institution.  For the dismissed employees, the process of filing a complaint with the CCMA is as simple as filling out a two-page document and attending a conciliation meeting, where a commissioner works to mediate a settlement, all without admitting liability by the employer. This process, although not without its challenges, provides a relatively straightforward path to possible payouts for the employee. It is a potential lucrative opportunity that is difficult to ignore, particularly in a country where unemployment rates soar above 40% and work is hard to find. Conversely, for employers, the prospect of navigating the CCMA’s labyrinthine arbitration process can be more time-consuming and costly than simply offering a few months’ salary as a settlement to a disgruntled former employee. It’s a stark calculation that, more often than not, leans in favour of the employee. The ease of access for any individual, without the need for expensive legal representation, is both a virtue and a vice of the CCMA. While it has empowered countless workers to seek justice, this very accessibility has also inundated the institution with cases, rendering it overburdened and sluggish. It’s a double-edged sword that South Africa must grapple with in its pursuit of labour justice. Furthermore, the harsh reality of the South African job market, where the unemployed often remain in a state of despair, pushes dismissed employees towards the CCMA as a last-ditch effort, regardless of the slim chances of success. The low input cost and the promise of a substantial reward make it a gamble worth taking in an economy plagued by poverty and unemployment. The ripple effect of the CCMA’s woes extends to the Labour Court, which finds itself overburdened by an influx of appeals against the often-shoddy rulings of its conciliation and arbitration counterpart. This situation not only diverts valuable resources but also threatens to compromise the overall efficiency of the Labour Court, an institution that, ironically, continues to function relatively well but is witnessing a recently regression in its efficiency.  In the end, the challenges faced by the CCMA are symptomatic of the broader socio-economic issues South Africa grapples with daily. It highlights the stark realities of an economy still plagued by high unemployment, poverty, and the struggles of an economy which not has grown due to restrictive and counterproductive governmental policies. The CCMA’s struggles serve as a stark reminder that addressing labour disputes is just one piece of the complex puzzle that South Africa must solve on its journey towards a prosperous economy. Until South Africa’s government pursues policies that foster economic growth, job creation, and social equity, the CCMA, like many other vital institutions, will continue to wrestle with an overwhelming caseload, underscoring the urgent need for comprehensive reform in the pursuit of a more just and prosperous future for all South Africans. --- ## Health department sees public opposition to new powers as ‘instigating terrorism’ URL: https://hurterspies.co.za/health-department-sees-public-opposition-to-new-powers-as-instigating-terrorism/ Type: post Modified: 2024-01-12 Emails surface in case challenging proposed health regulation changes, revealing what officials think of opposers. “Anti-progressive”, “instigating terrorism”, “sabotage” and “forcing government to waste resources” – this is how groups opposed to government’s proposed health regulations are characterised in internal emails floating around the Department of Health. The emails were discovered during a court process initiated by public participation group DearSA, which received more than 300 000 comments from South Africans on proposed changes to health regulations that would arm the state with unprecedented powers to contain future outbreaks of ‘notifiable diseases’ such as Yellow Fever, Smallpox and Covid. Read More Via moneyweb.co.za14 June 2022 --- ## 2021 matric results can be published on media platforms, court rules URL: https://hurterspies.co.za/2021-matric-results-can-be-published-on-media-platforms-court-rules/ Type: post Modified: 2024-01-12 Lawyers disputed the relevance of the argument that the department was fulfilling the Protection of Personal Information Act The Pretoria high court has granted an urgent application by an 18-year-old matric pupil to reverse basic education minister Angie Motshekga’s decision not to publish matric results on newspaper platforms. The pupil’s application was supported by AfriForum and Maroela Media. The court ordered the department “to publish the National Senior Certificate results on public platforms (media platforms), as was the practice in previous years, concurrently with making available the results to the schools that had been attended by the learners”. Read More Via businesslive.co.za1 January 2022 --- ## SJN Hearings: The quota system is unnecessary in South African sport, says AfriForum URL: https://hurterspies.co.za/sjn-hearings-the-quota-system-is-unnecessary-in-south-african-sport-says-afriforum/ Type: post Modified: 2024-01-12 JOHANNESBURG – The Social Justice and Nation Building project heard Tuesday that the ‘quota system,’ was a quick fix solution for transformation in South African sport and wouldn’t solve racial discrimination. Afriforum, represented by three officials, including its CEO, Kallie Kriel, and lawyer, Daniël Eloff outlined in its opposition to quotas saying that it not only negatively impacts on black players, but white ones too, in terms of the kind of Proteas team that gets produced. Read More Via iol.co.za3 August 2021 --- ## Rules banning fuel in containers to be amended after complaints URL: https://hurterspies.co.za/rules-banning-fuel-in-containers-to-be-amended-after-complaints/ Type: post Modified: 2024-01-12 The minerals and energy department says a flood of complaints has forced it to review this week’s ban on filling containers with petrol and diesel. The ban followed widespread looting and torching of infrastructure in KwaZulu-Natal and Gauteng this week, and is intended to prevent hoarding. Read More Via Times Live17 July 2021 --- ## DearSA gears up for legal tussle with Dlamini-Zuma over compensation scheme URL: https://hurterspies.co.za/dearsa-gears-up-for-legal-tussle-with-dlamini-zuma-over-compensation-scheme/ Type: post Modified: 2024-01-12 Lobby group DearSA has sent Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma a lawyer‘s letter urging her to allow the public more time to comment.  The decision to have the scheme established was made by the National Coronavirus Command Council, which approved a recommendation to establish it to protect the rights of citizens who will be vaccinated.  DearSA requested the period for public comment be extended by no less than three weeks to allow for sufficient and proper public comment.  Read More Via News2419 April 2021 --- ## Cookie Policy (ZA) URL: https://hurterspies.co.za/cookie-policy-za/ Type: page Modified: 2022-01-14 This Cookie Policy was last updated on 23rd March 2025 and applies to citizens and legal permanent residents of South Africa.1. 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ConsentWhen you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on "Accept", you consent to us using all cookies and plug-ins as described in the pop-up and this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.7.1 Manage your consent settingsYou have loaded the Cookie Policy without javascript support. On AMP, you can use the manage consent button on the bottom of the page.8. Enabling/disabling and deleting cookiesYou can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser.Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our website again.9. Your rights with respect to personal dataYou have the following rights with respect to your personal data: You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for. Right of access: You have the right to access your personal data that is known to us. Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish. If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted. Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing. To exercise these rights, please contact us. Please refer to the contact details at the bottom of this Cookie Policy. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the Information Regulator South Africa: P.O Box 31533, Braamfontein, Johannesburg, 2017 Complaints email: complaints.IR@justice.gov.za10. Contact detailsFor questions and/or comments about our Cookie Policy and this statement, please contact us by using the following contact details:Hurter Spies Inc 54 Union Avenue, (C/O Union Ave & Kort Street), Kloofsig, Centurion South Africa Website: https://hurterspies.co.za Email: admin@ex.comhurterspies.co.za Phone number: 012 941 9239This Cookie Policy was synchronized with cookiedatabase.org on 9th August 2021. --- ## Login URL: https://hurterspies.co.za/login/ Type: page Modified: 2021-11-15 [lrm_form default_tab=”login” logged_in_message=”You are currently logged in!”] --- ## Register URL: https://hurterspies.co.za/register/ Type: page Modified: 2021-08-24 [lrm_form default_tab=”register” logged_in_message=”You are currently logged in!”] --- ## Password Reset URL: https://hurterspies.co.za/password-reset/ Type: page Modified: 2021-08-24 [lrm_lostpassword_form logged_in_message=”You are currently logged in!”] --- ## Privacy Policy URL: https://hurterspies.co.za/privacy-policy/ Type: page Modified: 2021-08-09 Privacy Policy Hurter Spies Inc. (hereafter referred to as Hurter Spies) is committed to the privacy of our customers and their data. our Privacy Policy applies to all users of Hurter Spies’s website and Social Media. Hurter Spies adheres to the following policies with regards to your privacy. Information Collected: When you enter the Hurter Spies Website, We automatically collect information such as your browser type and IP address. To offer you meaningful products and services and for the reasons set forth in this policy, We collect information about you, including Personally Identifiable Information, from the following sources: Information We Collect Directly From You: The type of information that we collect directly from you varies based on your interaction with our Site and our Services. We collect information directly from you when you complete an application or other forms on the Site and/or Software. We also collect information that you send us via any medium, including, but not limited to email, telephone, and social media interaction; or Information We Collect Automatically: If you use a mobile device platform to access the Hurter Spies Website Services or communicate with Hurter Spies, information transmitted from your mobile device; or Information We Purchase: Information purchased from third parties. Registration: Hurter Spies may request information from you during the registration process including, but not limited to: name, surname, email address, phone number, and/or social media profile information and authorization. Hurter Spies may request other information from you during or after the registration process that Hurter Spies uses to provide better and more customized services to users. you acknowledge that this information is personal to you, and by creating an account on Hurter Spies, you may allow others, including Hurter Spies, to identify you and to allow Hurter Spies to use your information. Customer Service: We collect information when you interact with Hurter Spies’s customer service in order to accurately categorize and respond to customer inquiries and investigate breaches of our terms. Protection of Personal Information Act: This Privacy Policy, and conduct with regard to the processing of personal information, is in line with the Protection of Personal Information Act. For the purposes of this clause, the following words/phrases, will have the meanings assigned to them below, unless the context indicates otherwise: “PERSONAL INFORMATION” means information relating to you, including but not limited to – Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social orgin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of yourself; Information relating to the education or the medical, financial, criminal or employment history of yourself; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or the other particular assignment to yourself; the biometric information of yourself; your opinions, views or preferences of yourself; correspondence sent by yourself that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal information about the contents of the original correspondence; the views or opinions of another individual about yourself; and your name if it appears with other personal information relating to yourself or if the disclosure of the name itself would reveal information about yourself. “PROCESS OR PROCESSING” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including – the collection, receipt, recording, organisation, collation storage, updating or modification, retrieval, alternation, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information. “PROCESSING PURPOSE” means to operate and improve the site, provide users with the service and other products and services that a user may request or that a user has expressed interest in, facilitate subscription processing, reviews and analysis, evaluate user interest and needs in order to improve the service and make available other offers, products or services, provide customer support, communicate and provide additional information that may be of interest to users through email or other means, such as special offers announcements and marketing materials, to send users reminders of technical notices, updates, security alerts and support and administrative messages, services bulletins, or marketing, to provide advertisements to users through email messages and to manage our everyday business needs such as site administration, management, fulfilment, analytics, fraud prevention, enforcement of our corporate reporting obligations, Terms of use or to comply with relevant laws. By using the services and by accepting the application of our Privacy Policy, you agree to the following: that we may PROCESS your PERSONAL INFORMATION for the PROCESSING PURPOSES; that all PERSONAL INFORMATION of yourself was given directly to us by you; you are aware of, and understand the PROCESSING PURPOSE; that the records of your PERSONAL INFORMATION, may be retained by us, even after the PROCESSING PURPOSE has been met, which retention is subject to the following: PERSONAL INFORMATION shall not be processed in any manner other than for storage purposes by us; and in the event that the PROCESSING PURPOSE is revived for any reason whatsoever you give your consent, that we may PROCESS your PERSONAL INFORMATION for the PROCESSING PURPOSE until such time that the PROCESSING PURPOSE is met, in which event that provisions of this clause 6 will be once again applicable. that you will provide us with updated PERSONAL INFORMATION in the event that any such information changes; that you are aware of our identity, as well as our physical address; that the supply of PERSONAL INFORMATION us is mandatory and in the event that such information is not supplied, we shall not supply any services to you whatsoever; that you are aware that you may at any time object to the PROCESSING OF PERSONAL INFORMATION in Terms of the Protection of Information Act; that you are aware that you may at any time lodge a complaint with the Information Regulator in Terms of the Protection of Information Act. Using Third Party Services And Visiting Third Party Sites: Information you provide to third-party sites/websites through the Hurter Spies Website Services are not within the control of Hurter Spies and you provide such information at your own risk. The terms and conditions of use and the privacy policies of those websites that you provide information to through the Hurter Spies Website Services will govern their use of such information. Any information you share with a third-party site through the Service will be collected by Hurter Spies. Hurter Spies will use such information in compliance with this Privacy Policy. Information Collected Automatically Use of Cookies. The Site may send a cookie to your computer. Cookies allow us to recognize you as a user when you return to Hurter Spies website using the same computer and web browser and to monitor how you use the Site. We use Cookies to identify which areas of our site you have visited, so the next time you visit the site, those pages may be readily accessible. We also may use this information to better personalize the content that you see on the Site. We also use cookies to automatically capture activity on the Site, such as where you click, how you scroll through the Site, or what fields you enter text into (without seeing the actual text you enter). Most browser software can be set to reject Cookies. However, if you reject our Cookies, certain functionality on the Site may not work correctly or at all. We may allow authorized third parties to place or recognize a unique cookie on your browser. Hurter Spies does not store unencrypted personally identifiable information in the Cookies. By accepting the terms set out in our Privacy Policy and/or by making use of our services, you herewith with specifically provide your consent and approval of the use of cookies on our site and you further agree, that all personal information collected in such a manner may be used for the processing purpose. Web Beacons Hurter Spies also may use web beacons, pixels, anonymous ad network tags, and cookies to collect information about your use of the Site and the websites of selected sponsors and advertisers, to collect anonymized, aggregated auditing, research and reporting for advertisers, and to collect data related to your use of special promotions or newsletters. The information collected by Web Beacons also allows us to statistically monitor how many people open our emails and for what purposes these actions are being taken. our Web Beacons are not used to track your activity outside of the Hurter Spies Website or the websites of our sponsors. However, because your web browser requests advertisements and Web Beacons directly from ad network servers, these networks can view, edit or set their own Cookies, just as if you had requested a web page from their site. If you are a non-registered Visitor to the Site, the only information we collect will be Non-Personal Information through the use of Cookies or Web Beacons. Log files, IP Addresses And Information About Your Computer And Mobile Device: Due to the communications standards on the internet, when you visit the Hurter Spies Website we automatically receive the URL of the site from which you came and the site to which you are going when you leave Hurter Spies Webite. Hurter Spies also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device (including your UDID or Vendor Identification) and mobile operating system (if you are accessing the Hurter Spies Website using a mobile device), as well as the name of your ISP or your mobile carrier. Hurter Spies may also receive location data passed to it from third-party services or GPS-enabled devices that you have enabled. Also, as described above in Section 1.D. Hurter Spies receives information when you access third-party web pages through the Hurter Spies Website Services. The link between your IP address and your personally identifiable information is not shared with third parties without your permission, except as described in Section 8. (“When We May Disclose your Information”), below. Do-Not-Track Currently, our systems do not recognize browser “do-not-track” requests. you may, however, disable certain tracking as discussed in this Privacy Policy (e.g., by disabling Cookies, or using ‘private’ browsing modes). Exemptions From Privacy Policy Our Privacy Policy does not apply to any information you may send to Hurter Spies by email or instant messaging programs (i.e. AOL, Yahoo, etc.), as email and instant messages are not recognized as secure communication forms. As such, we request that you do not send any information, which you consider private, to us by email or instant message. Furthermore, our Privacy Policy does not apply to any information you post from the Hurter Spies Website Services/Software to other websites (i.e. Twitter, Facebook, etc.), due to the public nature of such postings. Use Of Personally Identifiable Information Hurter Spies uses and/or intends to use Personally Identifiable Information to: Operate and improve the Hurter Spies Website; Provide Users with the Website Services and other products and services that a user may request or that a user has expressed interest in; Facilitate subscription processing, reviews and analysis; Evaluate user interest and needs in order to improve the Hurter Spies Website Services and make available other offers, products or services; Evaluate the types of offers, products or services that we make available to users and potential users; Track use of the Hurter Spies Website Services; Provide customer support; Communicate and provide additional information that may be of interest to users through email or other means, such as special offers, announcements, and marketing materials; Send you reminders, technical notices, updates, security alerts and support and administrative messages, service bulletins, or marketing; Provide advertisements to you through email messages; and Manage our everyday business needs such as Website administration, forum management, fulfillment, analytics, fraud prevention, enforcement of our corporate reporting obligations, Terms of Use or to comply with the law. Links/Postings To Other Sites The Hurter Spies Website and/or Software may contain links to other websites. Hurter Spies is not responsible for the actions, practices, or content of such websites linked to or from the Hurter Spies Website and/or Software. you understand that such websites may have their own legal documents to which you must agree to prior to using and that we have no control over these legal documents. As always, you understand that it is your responsibility to verify your legal use of a website as well as use of information from the website with the corresponding website owner. Market Research Hurter Spies may conduct online research surveys in order to gather feedback about the Hurter Spies Website and opinions on important issues, through email invitations. When participating in a survey, we may ask you to submit Personally Identifiable Information. This Personally Identifiable Information is used for research purposes, and is not used for sales solicitations. Personally Identifiable Information collected through market research will be used only by Hurter Spies and will not be given or sold to a third party without your consent or as otherwise permitted by this Privacy Policy. Use Of Aggregate Data Hurter Spies may combine information you provide through the Site with information from other users to create aggregate data that may be disclosed to third parties. Aggregate information does not contain your personal contact information. When We May Disclose Your Information We do not share Personally Identifiable Information with third parties for their own marketing purposes. We may disclose your information, including Personally Identifiable Information, for the following purposes: We may share Personally Identifiable Information with our contractors and service providers that perform services on our behalf, including, but not limited to, operation of the Hurter Spies Website technology, marketing services, and other related services. Access to your Personally Identifiable Information by such contractors and service providers is limited to the information reasonably necessary for the contractor to perform its limited function for Hurter Spies. We also contractually require that. We may share Personally Identifiable Information we collect, as permitted by law, with companies such as credit reporting agencies, or servicing and processing companies, or when required or advised to do so in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property, or defend or assert legal rights, to defend ourselves in litigation. In the event that we are legally compelled to disclose your Personally Identifiable information to a third party, we will attempt to notify you unless doing so would violate the law or court order. Finally, Hurter Spies may provide content and services to you through websites other than our own. Hurter Spies will not disclose your Personally Identifiable Information to these 3rd party websites without your consent, but you should be aware that any information you disclose on such sites is not subject to this Privacy Policy. If you request that we do not share your personal data with a third-party, that request may result in your inability to use some or all of Hurter Spies Website Services. If your access to the Hurter Spies Website Services is terminated based upon your request that we do not share your personal data with a third-party and that requests results in your inability to use some or all of the Hurter Spies Website Services, your resulting inability to use the Hurter Spies Website Services shall not be a basis for a refund or to avoid charges for the Hurter Spies Website Services that you previously agreed to. Access, Correction And Deletion Of Personally Identifiable Data You may request access to a report of the Personally Identifiable Information we maintain concerning your use of the Service and you may request that the Personally Identifiable Information that we have collected and maintain be corrected or deleted. In order to make this request, please contact us at admin@hurterspies.co.za. Please be aware that if you request that we delete your Personally Identifiable Information, you may no longer have access to the Hurter Spies Website Services. If your access to the Hurter Spies Website Services is terminated based upon your request that we delete your Personally Identifiable Information, please be advised that your resulting inability to use the Hurter Spies Website Services shall not be a basis for a refund or to avoid charges for the Hurter Spies Website Services that you previously agreed to. Security Policy & User ID/Password Our site utilizes various information security measures such as internet firewalls, an intrusion detection system, encrypted data transmission, and operating procedures that are designed to protect your personal data, accounts, passwords, etc. you should protect your user ID and password and NOT share it with anyone. If you believe your user ID and password have been compromised and you have trouble changing your user ID/password on the Site or within the application, please contact our technical support department (admin@hurterspies.co.za). CAN-SPAM Compliance Notice We may send periodic promotional or informational emails to you. you may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any services you have requested or received from us. Transfer Of Ownership If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. In any such transfer of information, your user information would remain subject to the promises of our then current Privacy Policy. Notice To Residents Of Countries Outside South Africa Hurter Spies is headquartered in South Africa. Personally Identifiable Information may be accessed by us or transferred to us in South Africa or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personally Identifiable Information, you consent to this transfer in compliance with applicable law (as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002 and as detailed in Section 1 of the Protection of Personal Information Act (“POPI”) Act 4 of 2013 (hereinafter referred to “Personal Information”). We will protect the privacy and security of Personally Identifiable Information according to our Privacy Policy, regardless of where it is processed or stored. See below for additional information about our participation in the Safe Harbor programs. California Privacy Rights Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personally Identifiable Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personally Identifiable Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Hurter Spies pursuant to Section 1798.83 of the California Civil Code, please contact us via email to Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personally Identifiable Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personally Identifiable Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Hurter Spies pursuant to Section 1798.83 of the California Civil Code, please contact us via email to admin@hurterspies.co.za. Privacy Complaints In Brazil In circumstances in which Brazil law is controlling, We commit to resolve complaints about your privacy and our collection or use of your Personally Identifiable Information. We have further committed to refer unresolved privacy complaints to an independent dispute resolution mechanism. Information And Other Rights, Contact Upon written request, we would be happy to provide you with information as to whether – and if so, which – personal data we store in relation to you. Should your personal data be incorrect, you may have this rectified immediately. Any such information or modification is free of charge. Moreover, you are entitled to revoke your consent to use of data in the future, in whole or in part. Should you desire this, we will delete or block your relevant data; however, doing so may result in your inability to use the Hurter Spies Website Services in whole or in part. In order to assert such rights, please contact Hurter Spies at admin@hurterspies.co.za. Hurter Spies’s Access To Your Account You agree that Hurter Spies can access your account information in order to respond to your service requests and/or as necessary, in our sole discretion, to provide you with the Hurter Spies Website Services. Your Acceptance Of This Privacy Policy This is our entire Privacy Policy and it supersedes any earlier version. you agree to it every time you use the Hurter Spies Website and/or Software. If we make any material changes to this Privacy Policy, we will notify you by email or by posting a prominent notice on the Hurter Spies Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. your continued use of the Hurter Spies Website Services constitutes your agreement to be bound by such changes to this Policy. your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Hurter Spies Website Services. Questions About This Privacy Policy Should you have a privacy question about the Hurter Spies Website and/or Software, please email our customer service department (admin@hurterspies.co.za). Effective: July 1, 2021   --- ## Will URL: https://hurterspies.co.za/services/will/ Type: page Modified: 2021-07-31 Will Estate Practice: Wills Notice: JavaScript is required for this content. ---