KNOW THE LAW

The superior newsletter

When in February this year Mrs Vanitha Durgapersad from Durban changed banks and with that her banking details, little did she know that she would be blacklisted. I was concerned about my debit orders, says Mrs Dugapersad who promptly informed her cell phone provider of this change in banking details. When she was not debited she queried this with her cell phone provider, who had not updated her banking details on their system. As instructed she did a cash deposit and faxed them the deposit slip which happened repeatedly over the next few months. When in June 2011 she received an SMS from her cell phone provider informing her that she had been blacklisted, she was deeply concerned. I realised I needed help. Mrs Durgapersad immediately called Clientle Legal for professional legal assistance. Clientle Legals superior legal service was amazing, she says. Clientle Legal advised Mrs Durgapersad to contact the Independent Communications Authority of South Africa (ICASA) to lodge a formal complaint and follow the correct procedure for getting her name cleared from the blacklist. The lady I spoke to at Clientle Legal was so helpful,
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from Clientle Legal

Issue No.1 2012

CONTENTS
FAQ Know Your Rights Joburg Billing Crisis Lighter Side Superior Legal Services In Action About Us Member Get Member 3 3 4 4 4 2

Clientle Legal contact info

Tel: 0860 004 529 Fax: 011 320 3361 Email: customerservice@clientelelegal.co.za www.clientelelegal.co.za
Clientle Legal is a division of Clientle General Insurance Limited, an authorised Financial Services Provider

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Many legal insurers charge an excess fee

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which is due at claims stage, but

BREAKING NEWS!

continued from page 1

I could lodge my complaint immediately, Mrs Durgapersad told Know The Law. It is alleged that the cell phone provider had not updated Mrs Durgapersads banking details on their system or received any of the faxes she had sent them. ICASA has since conrmed that Mrs Durgabpersads name has been cleared from the blacklist and the cell phone provider gave her R500 for the inconvenience caused. Thanks to Clientle Legals good advice I was able to get my name removed from being blacklisted in no time thank you Clientle Legal!

Email your questions to: knowthelaw@clientelelegal.co.za

Someone drove into my car, and I want them to pay for my insurance excess. What should I do? An excess is the amount payable by you in the event of a claim, known as the uninsured portion of your claim. Insured drivers virtually always have to pay an amount upfront via the excess on their policy, so be aware of the terms and conditions around the excess amount you are liable for. Even if the accident is not your fault, as the policy holder you are responsible for paying your own excess. If your insurer recovers the money from the person responsible for the accident, you should be repaid your excess. It means that you will have to track the status of the claim with your insurer and ensure that you are repaid the excess. It is important to remember that once the insurer has paid out your claim, the debt owed by the other driver becomes the insurers debt and the insurer takes over the recovery in your name, even for the excess. Be warned, that if you try to interfere with this recovery process, the insurer can reject your claim entirely. Do not make contact with the other driver during this time and deal only with your insurer. In some instances the excess cannot be recovered, but your insurer will be able to advise you of this. My dog ran out onto the street when I opened the electric gate to drive in. My neighbour was standing in the street with his dog on a leash and claims that my dog bit his dog. He threatened to sue me if it happened again. Can he really sue me? Yes, he can. The owner of the pet is responsible for being in control of his pet at all times. If your pet attacks, bites or causes an accident to any person or other animal, you are liable. Furthermore, if you are negligent in any way (e.g. by leaving a yard gate unlatched and your pet escapes) and this causes injury to another person or animal, you could be liable to pay a ne or be imprisoned for up to two years and the offending pet could be put down. Keep your dog behind that gate! When my husband is drunk he beats me. I want to get a restraining order, but my friend keeps talking about a protection order. What is the difference? Both peace orders and protection orders are forms of restraining orders. A protection order applies when there is a specic relationship between you and the abuser (e.g. spouse, boyfriend, parent, child), while for a peace order the abuser is merely an acquaintance (e.g. neighbour, colleague). In case of domestic violence, a protection order would apply. Please call your Clientle Legal ofce for guidance.

Joburg billing crisis

he Joburg billing crisis began in July 2009 with the implementation of the citys new centralised billing system, Project Phakama. In 2010 billing complaints escalated sharply, reaching crisis proportions in November that year. Many residents reported receiving erroneous bills, some well in excess of R20 000, quickly followed by letters of demand to pay the outstanding amount or face immediate disconnection. Some reported that payments made over many months had not been credited to their accounts, while others reported intimidation by contractors sent out to cut off their services for non-payment or receiving bills for Pikitup charges backdated 5 years several for undeveloped land where these changes do not apply. Many could not obtain clearance certicates after a property sale due to disputed bills. As a result the Joburg Advocacy Group (JAG), an independent civil society group working for best-practice governance, social justice and environmental protection in the City of Joburg, launched its Joburg Billing Crisis Campaign. It is JAGs opinion that the way in which the city is handling billing and revenue collection is in violation of certain provisions set out in the Bill of Rights, several other acts pertaining to the administration of local government, as well as certain principles of common law. In January 2011 JAG approached the Gauteng MEC for Local Government and Housing appealing for an ofcial investigation into the billing crisis in terms of the Municipal Systems Act. JAG also appealed to the Department of Cooperative Development and Traditional Affairs for assistance and intervention, and shortly thereafter, under pressure from both the opposition and civil society, the department convened a summit of Mayors, Municipal Managers and senior nancial ofcials in the province to address the issue. JAG further lobbied oversight and industry bodies such as the Public Protector, the Law Society of the Northern Provinces and the Johannesburg Chamber of Commerce and Industry were also lobbied to conduct investigations, but results were limited. When the new National Consumer Commission (NCC) was launched in April 2011, JAG appealed for help. NCC investigations resulted in the city being issued with 65 notices for non-compliance with the Consumer Protection Act, but little was heard thereafter. Towards the end of the year, in response to legal action brought by a number of commercial property owners, the Gauteng High Court ruled that residents with legitimate billing disputes (i.e. with an 8000 reference number) could not have their services disconnected until the dispute had been resolved.

If there is an error on your municipal account, you should proceed as follows:

1. Log a complaint with Joburg Connect by calling 011 375 5555 and insist on an 8000 reference number. 2. Follow up on the complaint within 7 days. 3. If you are unable to resolve your complaint within 14 days, approach your ward councillor for assistance. Contact details can be found at http://www.joburg.org.za/index.php?option=com_co ntent&view=article&id=728&catid=45. 4. Notify Schindlers Attorneys, who are keeping a record of billing disputes, by sending an e-mail to coj.complaints@schindlers. co.za. 5. If your electricity is cut while your account is in dispute, you can lay a complaint with the National Energy Regulator (NERSA) by calling 012 401 4600. You should again notify Schindlers Attorneys. 6. You may call Councillor Muller on 082 904 9223 if you have a valid dispute and are being threatened with a cut-off; he will act immediately to halt the cut-off. If you do not receive acknowledgement of your complaint or it remains unresolved, follow up regularly and persistently, and ask your ward councillor to do the same on your behalf.

For more information on what action to take read the full article on www.clientelelegal.co.za
Information courtesy of the Joburg Advocacy Group (JAG)

Lighter Side
Whats the difference between a good lawyer and a great lawyer? A good lawyer knows the law. A great lawyer knows the judge. How many lawyers does it take to screw in a light bulb? One, the lawyer holds it while the rest of the world revolves around him. 3

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