WISEUP! ROAD ACCIDENTS YOU CAN CLAIM FOR INJURIES ALSO INSIDE THIS ISSUE

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1 UP! OCTOBER 2012 ROAD ACCIDENTS YOU CAN CLAIM FOR INJURIES ALSO INSIDE THIS ISSUE CANCELLATION OF CONSUMER AGREEMENTS STUDYING FOR THE CAREER YOU CHOOSE CIVIL MATTERS & WHY THEY CAN TAKE SO LONG GOOD NEWS FOR TEACHERS BURSARY APPLICATIONS 2013 LEZA LEGAL WISE Legal Power and Protection

2 UP! FROM THE CHIEF EXECUTIVE OFFICER letterfrom the CEO Dear Member, The aim of the Consumer Protection Act is exactly as the name suggests to protect consumers. In this issue of the WiseUp magazine, we cover the subject of fixed contracts in our ongoing effort to inform you of your rights as a consumer. Read the article on page3 it might just save you money and heartache. LegalWise counts many teachers among its Members and over the years we have received many requests for assistance with matters arising from their profession. Our teachers are faced with many day to day problems. LegalWise believes that our teachers are an asset to our country and we are therefore proud to have launched the Teacher Legal Plan which can be added to an existing Membership for an additional R15 per month. Turn to page 11 for more information. Congratulations to the three winners of the scooter competition that we ran in the January issue of the WiseUp. We look forward to watching your businesses flourish. See the enclosed leaflet for their business stories. Your 2013 calendar has been included with this issue to avoid postal delays. Happy planning for 2013! All at LegalWise would like to wish you and your loved ones a happy and safe festive season. Jan Luwes We are for you, our members 1 We are for you, our members

3 UP! GET-A-FRIEND GET-A-FRIEND GIFT THE QUICK & EASY WAY EVERY TIME YOU INTRODUCE A NEW MEMBER TO LEGALWISE YOU WILL GET ONE WISESTYLE TRAVEL BAG......SEE THE ENCLOSED GET-A-FRIEND LEAFLET FOR ALL THE DETAILS. REMEMBER! NOW YOU CAN GET-A-FRIEND WITH AN SMS! IT S THE QUICK & EASY WAY. JUST SMS FRIEND TO AND WE WILL CALL YOU BACK. ALL THE DETAILS ARE IN THE GET-A-FRIEND LEAFLET. 2

4 UP! KNOW YOUR RIGHTS CONTRACTS & THE CONSUMER PROTECTION ACT CANCELLATION OF CONSUMER AGREEMENTS You can cancel within 20 days and Service Providers are now prohibited from charging unreasonable penalties when contracts are cancelled. 2. Definitions What is the Consumer Protection Act? It is a source of law in South Africa that was introduced by Parliament and signed by the President. It took effect 1. Introduction on 1 April The Consumer Protection Act was introduced in 2011 to What is a consumer agreement? protect a consumer who enters into a consumer It is an arrangement or understanding between a agreement with a supplier. The Act protects a consumer, consumer and a supplier that establishes a relationship for example, by allowing a consumer to not enter into a in law by having a supplier supply goods or services in consumer agreement longer than 24 months (unless the ordinary course of business to a consumer (this the consumer agrees to a longer period and the means that the supplier must be supplying goods or consumer financially benefits from the longer period). A services everyday as his/her/its main business, for consumer, or a supplier, may cancel the agreement on example, a car dealership that sells second hand cars to 20 business days' notice. an individual will be bound to the Act). 3

5 Who is a consumer? A consumer is a natural or individual person to whom goods or services are promoted (advertised) or supplied to (the consumer also includes a company, close corporation or partnership who has an asset value or annual turnover of less than R2million). Who is a supplier? A supplier is any person, company, close corporation or partnership who promotes or supplies goods or services to a consumer. Under each transaction there must be at least one consumer and one supplier. What does 20 business days' notice mean? This is the period used to calculate how many days' notice must be given to a supplier before cancellation of the consumer agreement will take effect. It includes a Monday to Friday, and excludes the first weekday the notice is sent or given to a supplier. 3. Section 14 of the ConsumerProtection Act > Section 14 of the Act gives a consumer details regarding the length of a consumer agreement and its cancellation. > Section 14 says a consumer agreement must not exceed 24 months unless a consumer expressly agrees to it and there is a financial benefit to a consumer; or a regulation or industry code says otherwise. > Once the consumer has entered into the agreement, he/she may cancel it on 20 business days' notice. A supplier may also cancel the agreement on 20 business days' notice but only if the consumer fails to comply with the agreement (a consumer who does not comply with an agreement is at fault and will be in breach of the agreement). > A cancellation notice must be in writing and it must be delivered to the supplier, for example, by hand, fax, or post (the consumer should consider the agreement to see if a form of delivery has been agreed upon). > Upon cancellation, the supplier will request the consumer to pay all amounts outstanding, or give the consumer money back if there is a credit that belongs to the consumer. > The supplier may also charge a cancellation penalty if the consumer cancels the consumer agreement. The Act does not inform a consumer or supplier of the exact penalty to be charged but the penalty must not be an amount that is so high that it forces the consumer to change his/her mind about cancelling the agreement. 4. What other duties must a supplier comply with? > At least 80 business days prior to the expiry date (but not less than 40 business days) of the agreement, the supplier must notify the consumer. > In writing of the expiry date of the agreement. > That the agreement will continue on a month to month basis unless the consumer informs the supplier that the agreement will terminate at the expiry date, or the agreement will be renewed for another 24 months (or longer period as agreed to). > If the agreement continues, the supplier must tell the consumer of the important changes that will apply to the agreement after the expiry date. 5. How can legalwise assist you as the consumer? > Should you want to cancel a consumer agreement, LegalWise Legal Counsellors can assist you by drafting the cancellation notice. Contact your nearest Branch. > Our Legal Counsellors can assist you should a supplier infringe your rights per section 14 of the Consumer Protection Act. 4

6 UP! INFORMATION & UPDATES CIVIL MATTERS & UNDERSTANDING THE PROCESS CIVIL MATTERS & WHY THEY CAN TAKE SO LONG TO RESOLVE. What is a Civil Matter? A civil matter arises from a dispute between two parties. Example: Adam lends R500,00 to Peter and Peter fails to pay the R500,00 back to Adam on the agreed date. Adam then institutes an action against Peter. This action is initiated by means of a letter of demand and thereafter a summons. Civil action can also commence by means of an application process, e.g. a spoliation order or an interdict. Sometimes a problem needs to be sorted quickly, for example if your bicycle is stolen and you know where it is, you can go to Court to have it returned immediately. This process is called spoliation. The party who has the possession of that property can apply for an interdict in Court, preventing the person who claims to be the rightful owner from taking it back until the matter is sorted out in Court. What is a Letter of Demand? A letter of demand is a letter sent to the other party instructing him/her to settle the claim within 14 days from the date of the letter or further action will be instituted against him/her. If the claim is not settled within 14 workdays after delivery of the letter of demand, the claimant can go to the Small Claims Court or issue summons through the services of an attorney. The Small Claims Court enables people to bring civil claims of R12 000,00 or less to 5

7 Court. No legal representation is allowed at the Small Claims Court. Should the claimant decide to issue summons the following information will assist in understanding the process and time periods involved. What is a summons? A summons is a legal document which contains the particulars, the nature and the amount of the claim. It calls upon the defendant to pay the claim within 10 days of service, excluding weekends and public holidays. In the High Court a defendant has 20 days from the date of service, excluding weekends and public holidays to answer to the claim. Who serves the summons to the other party? The Sheriff will serve the summons to the other party. Once the Sheriff has served the summons, he will issue out a 'Return of Service'. Delays might occur should the Sheriff not be able to serve the other party with the summons. If the Sheriff fails to successfully serve the summons to the other party, he will file a 'Return of Non-Service' and state the reasons for failure to serve the summons. On non-service of summons the Plaintiff can apply for the default of judgment against the Defendant. What happens if the Defendant defends the claim? An action becomes defended the moment the Defendant delivers a notice of intention to defend to the Plaintiff or Plaintiff's attorneys. The Defendant can thereafter enter his/her plea. Further particulars which are additional facts or allegations which supplement / substantiate the points already made in the summons or other pleadings are only allowed as is strictly necessary to enable a party to prepare for trial. The request for further particulars may be made by any party and only after pleadings have closed. It is the pleadings which primarily determine what further particulars may be necessary. The purpose is to prevent a party being taken by surprise at the trial and also to establish with greater certainty what a party intends to prove at the trial since the pleadings alone may not establish this with sufficient exactness. This must be done within 10 days. There are certain instances whereby a Plaintiff or Plaintiff's attorney can apply for summary judgement after a notice of intention to defend has been received. A Plaintiff must apply for summary judgement within 15 days after a notice of intention to defend was delivered and 10 days' notice must be given to the Defendant of the date on which the application will be heard. If there is no counterclaim, which is allegations made by the defendant on the same facts as the Plaintiff, the Plaintiff may replicate [answer] to the Defendant s plea. Should the Plaintiff replicate this must be done within 15 days. Should there be a counterclaim from the Defendant, it will be served with the Defendant's plea. The Plaintiff in turn can then request further particulars and the process as explained above will repeat itself from the plea stage until replication from the side of the Plaintiff. The exchange of pleadings closes after the last day or upon delivery of the replication. A request for further particulars may be filed by the Defendant after the closing of pleadings but not less than 20 days before the trial. Notice to file a discovery affidavit should be filed by both the Defendant and the Plaintiff within 20 days. Prior to the allocation of a trial date, the Registrar or clerk of the Court shall take the Court file to the Magistrate for the purpose of considering whether a pre-trial conference is necessary. This must be done to promote access to the Courts or when it is in the interests of justice to do so. A pre-trial conference is when the Court may decide to dispense with any procedure or give directions as to further procedure to be followed in order to dispose of the matter in the most expeditious and least costly manner. The next step will be to await a trial date and to attend the trial. To obtain a trial date can take between 6 and 12 months. Must I phone my attorney every week to establish what the progress is in my matter? NO! You will notice from the above explanation of the civil procedure that it is a lengthy process, so phoning your attorney every week will not speed up the process BUT will result in you escalating your own legal costs. Every time you contact your attorney either by the telephone, by means of a consultation or through a letter, he/she will charge you. This can contribute to unnecessary costs. How can LegalWise help you? Should you require any feedback on your matter, contact your nearest LegalWise Branch for assistance. Note: Always contact LegalWise before instructing an attorney to act on your behalf. 6

8 UP! GUIDANCE & ADVICE HIGHER EDUCATION INSTITUTIONS STUDYING FOR THE CAREER YOU CHOOSE. R 1. Introduction merged into 3 university categories: > In South Africa an individual has the option to enrol and > Traditional universities, which offer theoreticallystudy at a number of higher education institutions (HEI), be it oriented university degrees, for example, the University of public or private. the Witwatersrand, the University of Pretoria or the > A HEI means an institution that provides higher, or University of Limpopo; tertiary, education on a full-time, part-time or distance basis > Universities of technology, which offer vocational and which is established and accredited as such under the oriented diplomas and degrees, for example the Cape Higher Education Act 101 of Peninsula University of Technology, Durban University of > Before a person can be enrolled into a HEI, an application Technology or the Tshwane University of Technology; and must be made to the relevant institution which must be > Comprehensive universities, which offer a combination accepted by the institution (each institution has different of both types of qualification, for example, the University of entry requirements for different courses, for example, a Johannesburg or the University of South Africa. person may be required to submit a grade 12 certificate as 2.1 A traditional university: proof of completion of grade 12 for entry into a degree). > A traditional university is a public HEI that offers 2. The public HEI undergraduate and postgraduate degrees on a variety of In 2004, 23 different types of public HEI's were introduced or subjects, for example, law, commerce, management, health 7

9 sciences, engineering or humanities. body of persons who determine their own internal rules. > A person enrolled at this university for a degree shall > The purpose of registration is to ensure that private HEI's study for a minimum of three years. offer quality education, the public is protected against > The traditional university has stricter entrance unscrupulous and exploitative operators, the consumer requirements (which may be based on a rating system) for obtains qualifications that are aligned with the Higher example, a matriculation certificate must be provided to the Education Qualifications Framework, the education system university for the enrolment of a degree. meets the goals of transforming South Africa in accordance with government policy and legislation; and private > The traditional university determines the number of students who may be admitted (it may prescribe the institutions comply with the Higher Education Act 101 of minimum requirements for re-admission and refuse readmission to a student who fails to satisfy such 4. How to choose? requirements) and it determines the time and manner of > In order to determine how, or to which institution, to registration, the fee for registration (or re-registration), and apply to consider the following: any other conditions in this regard. - What are your strengths, weaknesses, knowledge, > The fees for a traditional university at undergraduate values, skills, and abilities? level per year is on average R The University of Technology: - What is your field of interest? Agriculture, hospitality, human resources, law, finances, psychology etc.? > A Technikon, since 2004, is now considered to be a - Identify challenges, for example, will you meet the University of Technology in South Africa. requirements for a diploma or degree, or for what > Such an institution offers a different choice of fields to period of time can you study for? study than a traditional university, for example, the Tshwane University of Technology does not offer a degree in law or - Determine your budget. medicine although it offers a diploma in legal assistance. A - Consider the various public or private HEI's within your University of Technology offers diplomas in other areas of residential area. interest (which a traditional university will not offer) such as - Contact and gather information about the selected agriculture, policing, tourism, or correctional services. HEI's and compare them by evaluating the advantages, > This type of institution is vocational which means the disadvantages and risks of each option. teaching element is more practicable than a traditional - Choose the best option for you. university and it relates to the specific occupation or skills 5. Financing your studies being studied; and it focuses on innovative problem solving > If an individual wishes to further his/her higher and engages with the industry of study. education but cannot afford to do so due to a lack of finances > A person may study for a period of at least 1 year or more and is interested in studying for a BCom (Business depending on the course selected. Administration), BCom (Law) or LLB Degree, this person can > Entrance requirements may differ, for example, entrance apply to LegalWise for a study bursary. into a diploma course may be easier than entrance into a > LegalWise offers bursaries to its policyholders or their degree. children who aim to study at an approved HEI. > Diploma courses are financially more affordable than > A LegalWise study bursary covers the annual registration degrees. and tuition fees (as determined by budget constraints); 2.3 A comprehensive university: where the payment of fees is based on academic > A comprehensive university is a hybrid of a traditional performance during the preceding year, plus submission of university and a university of technology. relevant results and invoices to the bursary administrator. > For example: a person may enroll for a degree in law or a > The bursary to a policyholder may be renewed on an diploma in agriculture. 3. A private HEI annual basis on condition that the bursary holder demonstrates adequate academic performance, completes and performs adequately during their required vacation > In addition to the 23 public universities on offer in South Africa, the department of higher education and training work at a LegalWise branch and complies with the terms and allows for a HEI in South Africa to register as a private HEI in conditions of the LegalWise bursary contract. order for the institution to have the legal authority to offer higher education programmes. > A private HEI offers the same levels of courses as offered by a public HEI, although the courses are offered by a private NB: The forms and criteria for selection for a LegalWise bursary are available on LegalWise website or at your nearest LegalWise Branch. 8

10 UP! MEMBERS PAGE SUPER SERVICE SUCCESS STORIES Every day is full of Success Stories from our Super Heroes, the LegalWise Legal Counsellors and Staff. Here are 5 examples from satisfied LegalWise Members. 1 Dear LegalWise, Thank You LegalWise for the matter between my husband and a cell phone company. We got our money back in airtime and we have received free insurance. If it was not for the quick response from LegalWise, our money would have been down the drain. It took us almost five months of going to and from all the cell phone company outlets in Mitchells Plain to get our money back, but all was in vain. Then for the first time, I decided to try LegalWise and in one week my problem was solved. To all out there, spread the word - LEGALWISE YOU ROCK THE HOUSE. I m one happy client and after we got the money back my husband took me to my favourite place for lunch. Thank You LegalWise, what you did was and is highly appreciated. Thank You and Cheers Mrs. Carmen Miller Mrs. C. Miller was assisted by our Cape Town Branch. Dear Misha, Thank you for the excellent and speedy services you had given me, regarding the title deeds. It took you less than 3 weeks to ensure that my matter was attended to. I had to wait 3 years, but it took you just 3 weeks to ensure my title deeds were handed over to me. Where the LAW SOCIETY failed several times, you have succeeded. IT S a pleasure to have people like you who are competent and effective in your organisation. Once again, I must congratulate you and LEGALWISE in the manner in which my matter was handled. I WILL ALWAYS BE A LEGALWISE MEMBER. Regards G. Pather 2 Mr. 9 G. Pather was assisted by our Durban Branch.

11 3 At a very young age I believed that I needed to be wise. And 20 years later I am now a Platinum Member. I have a flat and I had a problem with the board of trustees. They threatened me with legal issues and afterwards I contacted LegalWise who could be by my side and stay with me and within a week or two the problem was then resolved. Ms. M. Hamid was assisted by our Johannesburg Branch. 4 Mr. M.J. Mthembu was assisted by our Durban Branch. Hi, My name is Mokete Johannes Mthembu. I would like to thank Nishan Moodley Attorneys for solving my fanancial dispute with my previous employer, the matter was settled professionally. Many thanks to LegalWise for protecting citizens like me legally. The money is paid into my bank account and I am so happy about the outcomes of the case as I was losing hope but I can see what I am paying for. Thank you LegalWise keep it up. Regards Mokete Johannes Mthembu Dear LegalWise 5 Miss P.T. Gumede was assisted by our Durban Branch. I'm sending this to commend one of your employees for the great service provided to me. I would like to express my sincerest gratitude to Olga Sithole at the 320 West Street Branch (Durban) for her patience and tireless work in resolving my case. It's very rare to find people who are so passionate and who go out of their way to help clients, her dedication and work ethic are awe-inspiring. She is a true asset to your organisation. I am proud to be part of the LegalWise Family. Thank You!! Regards Miss P.T. Gumede 10

12 UP! NEW PROTECTION THE NEW TEACHER LEGAL PLAN NOW. LEGALWISE CURES HEADACHES THAT ONLY A TEACHER CAN GET. LegalWise has many teachers as Members and over the years we have been inundated with requests for assistance in matters that affect teachers by virtue of their profession. These are matters like unfair labour practices, teachers being unfairly accused of things they did not do and teachers being blamed for learners getting hurt accidentally while under their supervision. In most of these cases we have learnt that teachers seldom enjoy the protection that they are entitled to from their employers, whether its the Provincial Departments of Education or School Governing Bodies. These requests for assistance have made us, at LegalWise, realise that our Members who are part of the teaching profession are in need of a special kind of protection. We therefore decided to give them additional cover in a voluntary add on product and have launched the Teacher Legal Plan to educators who are Members of LegalWise and from January 2013, to the broader teaching fraternity. The product is only available as an add-on and teachers who are not yet LegalWise Members, will be required to first join with at least a regular LegalWise Gold product. The Teacher Legal Plan will be discounted to cost only R15 more per month, yet it will provide R worth GOOD NEWS FOR TEACHERS of legal cover for covered matters pertaining to their work as educators, even if it means suing someone for defamation! Other benefits will include a 24-hour HelpLine dealing with professional teaching matters, trauma and psychological assistance and even free antiretroviral s dispensed from a healthcare facility in case of a teacher being accidentally exposed to HIV! In keeping with our LegalWise idea(l)s, we will restore the educators of South Africa to their rightful place in the hearts and minds of our communities by helping them regain their own dignity and the respect of the people whose children they work so hard to raise. Should anyone infringe on their rights, they will have the right to also say: Don't talk to me. Talk to my lawyer! If you would like to add the Teacher Legal Plan to your existing LegalWise Membership, you can apply now. 11

13 The new Teacher Legal Plan. Add it to your existing LegalWise Membership for just R15 per month. SMS TEACH to or call , or fill in this application or visit Get an extra R on top of your existing cover for any legal problem related to your profession, such as defamation. TEACHER LEGAL PLAN APPLICATION If you decide to add the Teacher Legal Plan to your existing LegalWise policy, simply fill in this application or call or contact your LegalWise Branch. POST TO: LEGALWISE, PO BOX 1524, FLORIDA, 1710 OR FAX TO YES PLEASE SURNAME FIRST NAME/S ID NUMBER CELL NO RELATIONSHIP TO POLICYHOLDER ID NO I want the Teacher Legal Plan for myself I want the Teacher Legal Plan for my spouse/partner I want the Teacher Legal Plan for myself & spouse/partner NOMINATED BENEFICIARY LEGAL EXPENSES INSURANCE FOR ACCIDENTAL DEATH OF MAIN MEMBER CELL NO NAME SURNAME YOUR EXISTING LEGALWISE POLICY NO DATE OF BIRTH I hereby authorise LegalWise to increase the deduction from my salary by means of stop order with my employer, or debit order from my bank account to: R82 per month (Gold Member at R67pm + Teacher Legal Plan for myself or my spouse/partner at R15pm=R82) R97 per month (Gold Member at R67pm + Teacher Legal Plan for myself and my spouse/partner at R15pm each =R97) R111 per month (GoldPlus Member at R96pm + Teacher Legal Plan for myself or my spouse/partner at R15pm=R111) R126 per month (GoldPlus Member at R96pm + Teacher Legal Plan for myself and my spouse/partner at R15pm each =R126) R165 per month (Platinum Member at R150pm + Teacher Legal Plan for myself or my spouse/partner at R15pm=R165) R180 per month (Platinum Member/R150pm + Teacher Legal Plan for myself and my spouse/partner at R15pm each =R180) SIGNATURE The increased cover of the Teacher Legal Plan applies only to matters in respect of which the relevant facts arose after the increased premium of Teacher Legal Plan membership has been received. The Teacher Legal Plan membership is otherwise subject to the same terms and conditions as Gold, GoldPlus and Platinum Membership. 12 LEZA LEGAL WISE Legal Power and Protection WUP S12

14 UP! B U R S A R I E S YOUR BRANCH LIST & BURSARY 2013 APPLICATIONS 2013 LEZA LEG AL Application forms for the 2013 Bursaries are now W ISE available. Please go to your nearest Branch for a copy or visit The application form specifies all the criteria you need to comply with in order to apply for a LegalWise Bursary. All completed application forms can be submitted at the Branch or ed to Ms. Khadija Dawood at khadijad@legalwise.co.za. Please note that the closing date is 30 November You can call us from anywhere and visit us everywhere! All your Legal Power branches TEL FAX LegalWise Branches BELLVILLE MTHATHA BENONI NELSPRUIT BLOEMFONTEIN NEWCASTLE CAPE TOWN PIETERMARITZBURG DURBAN PINETOWN EAST LONDON POLOKWANE EMALAHLENI (WITBANK) PONGOLA EMPANGENI PORT ELIZABETH FLORIDA PRETORIA GERMISTON QWA-QWA HAZYVIEW RANDBURG JOHANNESBURG RANDFONTEIN KEMPTON PARK RUSTENBURG KIMBERLEY SECUNDA KING WILLIAMS TOWN SOWETO KLERKSDORP ULUNDI MAFIKENG VEREENIGING MITCHELLS PLAIN WELKOM LegalWise Attorney Branches BALFOUR MIDDELBURG (MP) BARBERTON MOKOPANE BELA BELA MUSINA BRITS NIGEL BRONKHORSTSPRUIT NORTHAM BURGERSFORT PHALABORWA CARLETONVILLE PORT SHEPSTONE COLESBERG CRADOCK POTCHEFSTROOM DE AAR PRETORIA NORTH ERMELO QUEENSTOWN GEORGE STANDERTON GIYANI THABAZIMBI GRAHAMSTOWN THOHOYANDOU GROBLERSDAL TZANEEN HEIDELBERG UPINGTON KOKSTAD UITENHAGE KROONSTAD VANDERBIJLPARK KURUMAN KWA-MHLANGA VREDENBURG LADYSMITH VRYHEID LICHTENBURG WORCESTER LOUIS TRICHARDT ZASTRON MIDDELBURG (EC) ZEERUST LIFEWISE HEAD OFFICE LEGALWISE DEBT COUNSELLING TEL FAX 13

15 UP!FRAUD WATCH FESTIVE SEASON FRAUD Keep your wallet inside a closed purse or in a pocket with your hand on it. Leave non-essential information and spare credit cards at home. Carry only the essential cards or just enough cash and do not leave your belongings unattended. Busy, high spending times are precisely when scammers try tricking people! The festive period should be a time of celebration so you do not want to spoil it by falling victim to holiday scams. Most holiday scams are variations of tricks encountered at any time of the year. As we approach the end of 2012,mobile devices including smart phones and tablets are all set to become a part of the festive season. Millions of users are expected to do their Christmas shopping via smart phones and tablets- meaning that this will be an attractive bonanza season for ambitious scammers, malware attacks and mobile fraud. Here are some tips to help prevent any fraud: Holiday and Bargain Gift Scams Beware of bogus websites offering gifts, flights and holidays at fantastic bargain prices. Often these sites look professional often bristling with testimonials from supposedly satisfied customers and logos suggesting top line security. Scammers will not only take your money for something they will not send to you, but they will also use your credit card details to buy things for themselves. Always book flights or holidays through a legitimate travel agent or airline. Do not trust a site you do not know and do not fall for prices that are too good to be true. Pickpockets at the shopping malls Crowds mean rich rewards for pickpockets. With a quick bump or a distraction from an accomplice, your wallet or purse can be removed in seconds. They even take accessible gifts from your shopping bags too. PLEASE GIVE! Charity Related Holiday Scams Holidays are the best time for scammers to tug at your heartstrings. And the most likely place you will encounter them is when they rattle a collection box in front of you either as you do your shopping or at your front door. They may use all kinds of props or seasonal costumes to fool you or carry some kind of bogus authorisation. If you do not have time to check out how genuine the collector is, do not contribute. Rather contribute to reputable charitable organisation that you are aware of. Special Events or Concerts The holiday season is the most popular time for shows, sports, concerts, circus and other events. This is a great opportunity for ticket forgers and bogus ticket sales. These often show up on-line, newspapers and in the case of forged tickets, outside the venue itself. Buy only from recognised agencies and venues. Check online and with the venue co- ordinators if there have been any reports of forged or bogus sales. Weight loss or Medical Supplement Scams Many of us make resolutions to lose weight over the summer holidays. Be careful of scammers offering miracle or no effort weight loss pills and potions at an exorbitant cost. This also includes the supposedly marvelous medicines and supplements. Remember, there are no magic pills for rapid weight loss or miracle cures for ailments. Rather speak to your general practitioner about reputable supplements and healthy and safe weight loss programmes. Have an awesome holiday season and do not get taken by holiday scams. Always be on your guard! 14

16 UP! KNOW THE LAW CLAIMING FROM THE ROAD ACCIDENT FUND The RAF is responsible for rehabilitating and compensating persons injured as a result of motor vehicle accidents. What is the Road Accident Fund (RAF)? The RAF is responsible for providing appropriate cover to all This claim form is accompanied by an affidavit setting out the following: road users within South Africa. Rehabilitating and > Full particulars of the accident. compensating persons injured as a result of motor vehicle > Statements of witnesses. accidents. > Police reports. The Road Accident Fund provides two types of cover, > Hospital and medical records. namely: > Vouchers and documents in support of amounts > Personal insurance cover to accident victims or their claimed. families. - The drivers of the vehicles involved in the collision must > Indemnity cover to wrongdoers (that is, it protects furnish details of the accident to the RAF on a statutory wrongdoers and their families from financial ruin). accident report form together with information of Who is entitled to make a claim? witnesses which the RAF may request. The following categories of people may claim from the RAF: - Once a claim is submitted, the RAF registers it on its > A person injured in a motor vehicle accident. claims system and commences with its investigations. > A dependent of a deceased victim. - The RAF determines whether the claim is valid (i.e. was > A person involved in a motor vehicle accident is a driver, there a road accident, does it comply with statutory passenger or a pedestrian. provisions, was it submitted in time, etc.) and what the Note: A claimant who is under the age of 18 years must be merits of the case are (i.e. the degree of fault, blame or assisted by a parent or legal guardian. negligence to be ascribed to the drivers of the vehicles How do I claim from the RAF? and the claimant respectively). The claim is lodged on a prescribed statutory claim form - The quantum is also determined. (which provides basic information on the claimant, the - If a claim is incomplete, the RAF calls for additional vehicles and parties involved in the collision, the date information and supporting documentation to enable it and place of accident and the amounts claimed). to better assess the matter. > It also contains a medical report by the treating doctor. - If the claim arose after the 31 July 2008 and general 15

17 damages are claimed, a Serious Injury Assessment > Phone LegalWise or ask a family member to phone for Report must be submitted to the RAF confirming that further assistance. the injury sustained is serious for the purposes of the Act. What else should I consider? How soon after the accident do I need to lodge a claim with the RAF? > Damage to your car cannot be claimed from RAF, damage should be claimed from the other driver or if > If you know the identity of the driver who caused the you are insured it should be reported to your Insurer accident or the owner of the vehicle, the claim must be that will then claim damages from the driver who lodged within 3 years from the date of the accident or caused the accident. from the date on which the claim arose. (This does not > The RAF may require a person to undergo medical apply to a claim by a child under the age of 18 years old) investigations. > Once a child turns 18 years of age,he/she has a 3 year period in which to lodge the claim. > The RAF may refuse to pay a claim if a claimant > If you don't know the identity of the driver or owner of unreasonably refuses or fails to co-operate with the RAF the vehicle, the claim must be lodged within 2 years during an investigation. from the date of the accident. What can I claim for? > There are certain categories of claims that the Road Accident Fund Act excludes and compensation may be You can claim for the following: limited in certain situations. > General Damages. > If you were partially to blame for the accident the RAF > Funeral Expenses. will apportion blame in percentage terms, e.g., if you > Medical Costs. were partially to blame for the accident, the RAF might > Loss of Support (R per apportion 10% of the blame to you and apportion 90% year in respect of each deceased of the blame to the driver who was involved in the bread winner). accident. > Loss of Income (An amount not exceeding R per year). Please note that: What is regarded as serious injuries? > The RAF requires the original form. If you fax the form, > Serious injuries are defined as an injury resulting in 30% the original must also be sent to the RAF. or more impairment of the whole body. > The form may not be submitted via . > Should an injury not result in 30% or more impairment > It is your responsibility to ensure that the form reaches of the body it may only be assessed as serious if that injury results in: the RAF. The RAF cannot be held responsible if forms - A serious long-term impairment or loss of a body sent by post or a third party do not reach the RAF. function. > Keep in mind that a claim must be lodged with the RAF - Permanent serious disfigurement. within the stipulated time period. - Severe long-term mental or severe long-term RAF offices telephone contact details: behavioural disturbance or disorder. Pretoria / Loss of a foetus. The fund shall only pay the costs for medical assessment if Johannesburg the claimant's injury is found to be serious. Cape Town Do I need an attorney to help me claim from the RAF? East London > The RAF employs information officers at all the branches of the RAF to assist people who want to lodge a claim Durban free of charge. > An attorney will also be able to assist you to lodge your claim. How can LegalWise help you? > If you or a family member has been seriously injured, we recommend that you use an attorney to claim damages from the RAF on your behalf as these types of claims are usually complicated. What happens if I am involved in an accident, end-up in hospital and somebody approaches me in hospital and asks me to sign a document? What should I do? > Do not sign the document. Your LegalWise policy covers legal expenses that are incurred in disputes regarding injuries sustained in motor vehicle accidents and if the accident occurred after your cover date. If you feel unsure about any information provided please feel free to contact your Legal Counsellor for assistance and advice. 16

18 UP!FREQUENTLY ASKED QUESTIONS LEGALWISE GIVES YOU ALL THE RIGHT ANSWERS LEGALWISE WILL ADVISE AND ASSIST YOU ON ALL OF THESE PROBLEMS AND MORE What is suretyship? Suretyship is a form of personal security given by a debtor to a creditor in terms of which a third person binds themself to perform the obligations of the debtor if the debtor fails to do so. It is possible for a person to bind himself as surety in respect of a debt for which he is liable together with other people. What do I do if the father/mother of my child fails to return the child as per the agreement that was made in Court? If a parent fails to return the child on time after exercising their right of access, the custodian parent can in terms of section 28 of the Children Act 2005 apply to the High Court, Divorce Court, and Children's Court to suspend or vary the rights of access. This means that the Court may decide to cancel or suspend their right to see the child. Before making a decision the Court will look at the merits of each case. Can I lock the tenant out of the property or disconnect the water and lights if the rent is not paid? No, the landlord cannot change the locks, remove the front door or take any action which effectively locks the tenant out from the property or denies him peaceful occupation of the property without a court order. A landlord may also not disconnect utilities. Only a service provider, such as the Municipality or Eskom may disconnect services due to non-payment of those services. In terms of the Rental Housing Act this constitutes a criminal offence. For further information and clarification contact your nearest LegalWise Branch. APOLOGIES. The telephone number we gave you for LE TOUR Sportswear in the last issue of WiseUp was incorrect. To order your LegalWise cycle shirt the correct number is ?17

19 L LEZA IFE WISE L W E LEZA GAL ISE FAMILY BURIAL PLAN FAMILY BURIAL PLAN FROM LEZA NEW BURIAL BENEFIT NOW LIFEWISE WILL PAY OUT TRIPLE THE COVER FOR ACCIDENTAL DEATH A BENEFIT EXCLUSIVE TO LEGALWISE MEMBERS THAT S RIGHT. IF YOUR ARE A LEGALWISE MEMBER OR BECOME A MEMBER, LIFEWISE WILL PAY OUT 3 TIMES THE COVER IN THE CASE OF AN ACCIDENTAL DEATH OF EITHER YOU OR YOUR SPOUSE/PARTNER. For example, if you have our R cover we will pay the R cover plus another R THAT S A TOTAL OF R60 000! NO WAITING PERIOD AND NO EXTRA CHARGE. This TRIPLE LIFE PAYOUT to LegalWise Members starts immediately and lasts as long as the life of your policy and as long as you are a paid up LifeWise and LegalWise Member at the time of the accident. CONTACT US FOR A QUOTE ON ALL OUR FAMILY BURIAL PLAN OPTIONS AND SEE HOW AFFORDABLE THEY ARE. SMS LIFE to and we will call you back. Or call or contact your nearest LegalWise/LifeWise Branch. You can also join on TERMS & CONDITIONS APPLY. SMS CHARGED AT STANDARD RATES Although death is usually the furthest thing from one s mind, it must be thought about and most importantly, prepared for. The LifeWise Burial Plan is approved by LegalWise. A name you can trust. Another big advantage is that you can claim and get service at over 80 LegalWise branches countrywide. Approved by LegalWise L LEZA IFE WISE L W E LEZA GAL ISE FAMILY BURIAL PLAN Authorised Financial Services Provider 18

20 UP!KIDS!ZONE LC IS ON LEAVE AND WILL BE BACK SOON! EVEN BIGGER AND BETTER!l 10 LEGALWISE BACK PACKS TO BE WON! TO THE FIRST 10 CORRECT ENTRIES DRAWN There are 6 differences in the pictures. Just find them and mark them clearly with an X...then get your entry to us! Name Surname Telephone Congratulations to the 10 winners of the MAY 2012 SPOT THE DIFFERENCE COMPETITION who each won a Soccer Ball. They are Ayakha Bawuti of Mthatha, Thabo Tlaletse of Kwa-Xuma, Anelisa Mentoor of Port Elizabeth, Rowan Petersen of Cape Town, Ntombikayise Solomon of Port E l i za b e t h, S e l i n a M o l e l e ko a o f M a f i ke n g, M a g c i n a n d i l e Kw a a i m a n o f B u r g e r s d o r p, Marchelle Ambraal of Steytleville, Lebogang Msiza of Pretoria, Mbali Matsunyane of Bramley. Postal Address Code Policy number Age CLOSING DATE 30 NOVEMBER