Botha Bezuidenhout Attorneys

When math is no longer “mathing”

Schalk Bezuidenhout — Wed, 28 Jan 2026 07:57:02 +0000

Introduction We encounter a recurring hurdle when consumers seek redress for defective vehicles: the Motor Industry Ombudsman of South Africa (MIOSA) “Usage Cost” calculation. In January 2025, we formally addressed a letter to MIOSA highlighting a critical mathematical flaw in their “Vehicle take-back calculation procedure”. A year later, this flawed methodology is still being recommended… Read More »

Second-hand Vehicles and the CPA

Schalk Bezuidenhout — Fri, 19 Dec 2025 05:18:57 +0000

Apart from buying a house, buying a vehicle is for most people the most expensive purchase. But what do you do if you made a bad purchase? Maybe the vehicle has problems, or it broke down soon after you purchased it. What can you do in such a situation? Most information out there only tells half the story, but in this article, we will step on a few toes and tell you the full story.

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Seek Legal Advice Before Signing Commercial Contracts

Schalk Bezuidenhout — Wed, 30 Oct 2024 10:21:09 +0000

Running a small business in South Africa is no small feat. The entrepreneurial spirit is vibrant, full of potential and innovation, but it also comes with its fair share of challenges. One key aspect that can make or break your business is the contracts you enter into. As a small business owner, you might feel… Read More »

Why Small Businesses Need an Attorney on Retainer

Schalk Bezuidenhout — Mon, 05 Aug 2024 13:19:11 +0000

Introduction As a small business owner, you wear many hats. You’re the marketer, the accountant, the manager, and often the customer service representative. Amidst all these roles, legal issues might not seem like an immediate concern. However, having an attorney on retainer can be one of the most crucial investments for the longevity and success… Read More »

Debt Collection Made Simple

Schalk Bezuidenhout — Wed, 03 Feb 2021 08:20:23 +0000

Apart from death and paying taxes, there is one more guarantee in life… collecting debts. And for so many businesses in South Africa, this is getting harder and less successful with each day passing and this pandemic hanging over our heads. Collection Options There are various options in collecting debts, each with its own advantages… Read More »

Retainer Options

Schalk Bezuidenhout — Tue, 19 Jan 2021 17:05:28 +0000

What’s a Retainer Agreement? A Retainer Agreement is an alternative fee agreement with an attorney, usually at reduced monthly tariffs. There is nothing magical about retainer agreements, except that retainer agreements: Attorneys are usually willing to lower their hourly rates in exchange for a continuous flow of work. Until recently Retainer Agreements were exclusive to… Read More »

Medical Expenses Mess (Part 2)

Schalk Bezuidenhout — Fri, 15 Jan 2021 18:55:56 +0000

In the previous article, we discussed the misleading and/or deceptive marketing of medical aid schemes. In this article, we will discuss the patient’s (consumer’s) rights in terms of the Consumer Protection Act 68 of 2008 (“CPA”) pertaining to medical expenses. Medical service providers (doctors, pathologists and other medical service providers like clinics, hospitals, etc.) provide… Read More »

Medical Expenses Mess (Part 1)

Schalk Bezuidenhout — Tue, 12 Jan 2021 13:57:48 +0000

Being a member of a medical aid in South Africa is as essential as having accident insurance for your vehicle. But choosing the best medical aid plan is like comparing dogs with cats. Both are pets, but they differ so much that comparing them will only leave you more confused. Medical aid schemes provide a service to consumers. “Service” is defined in the Consumer Protection Act 68 of 2008…

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Business Interruption Insurance Update

Schalk Bezuidenhout — Mon, 11 Jan 2021 07:16:56 +0000

On 08 July 2020, we reported on the Western Cape High Court’s judgment regarding Business Interruption Insurance Claims. The Judgment of the Western Cape High Court was taken on appeal, and the Supreme Court of Appeal again decided against the insurer. The full judgment can be found HERE. The law is settled. Insurance companies are to indemnify their clients in terms of business…

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Beware of these Investments

Schalk Bezuidenhout — Thu, 07 Jan 2021 19:51:49 +0000

Time and again people fall for investments “that sound too good to be true”. We don’t know whether it is greed, ignorance or the lack of financial education that leads to people falling for “false” investments. Recently, one of our Directors were approached by a promoter of one of these investment schemes that offer very… Read More »