Article written by Avyakta Sing, Candidate Attorney, checked by Nadia Steyn, released by Jordan Dias, Senior Associate at Schindlers Attorneys 14 December 2022 BACKGROUND This matter dealt with an encroachment and the right of a neighbour to remove the encroachment off his or her property. The Applicant and Respondent are neighbours in the sectional title…
It’s that time of year again when municipalities (certain persons inside municipalities, certain debt collectors acting for municipalities, certain disconnection contractors, and sometimes even fraudsters outside of municipalities too) take the opportunity to attempt to extort money from municipal clients because they know that at the end of November many people get bonuses, and they…
Article by Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner 20 September 2022 Introduction The City of Johannesburg (“COJ”) approved a new Credit Control and Debt Collection Policy in August 2022. A copy can be accessed at https://www.joburg.org.za/services_/Documents/Credit%20Control%20and%20Debt%20Collection%20Policy-Final%20%28Council%20Approved%2031%20August%202022%29.pdf. This article reviews some of the key changes from the prior iterations of this key document. Because this…
The Protection of Personal Information Act, 2013, (POPI) does more than prescribe regulations in relation to the personal information of data subjects (the person to whom the information relates). If the responsible party (such as a business, or body corporate) breaches the conditions of lawful processing of personal information, it may be sued for damages….
Valuations Roll to the City of Ekurhuleni Metropolitan 2021- 2024 General Valuation Roll The General Valuation Rolls to the City of Ekurhuleni Metropolitan General Valuation Roll shall be released for public inspection and comment on 24 February 2021. It will remain open for inspection and objection, if needed, until 18 June 2021. Is the South…
How Much Do You Know About Cannabis? Cannabis has, to a degree, been decriminalised in South Africa since September 2018. Although this doesn’t technically mean that cannabis is legal, it does mean that it is no longer a criminal offence for adults to grow and consume cannabis in their private spaces, for their own personal…
What is Mediation? This article explains what mediation is, and how mediation in terms of Uniform Court Rule 41A (“Rule 41A”) is envisaged to work. Dispute Resolution in Community Schemes – Arbitration Or CSOS? This article focuses mainly on dispute resolution in respect of share block schemes where the Memorandum of Incorporation (“MOI”)…
Click the image above or visit our website at https://www.cobra.org.za/ to register for all of our upcoming free COBRA webinars as well as to view recordings of all our previous webinars. The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers…
Click the image above or visit our website at https://www.cobra.org.za/ to register for all of our upcoming free COBRA webinars as well as to view recordings of all our previous webinars. The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys,…
A Landlord’s Guide to Rental Recovery and Security: Part 1 Society has called on landlords to show their struggling tenants some leniency towards rental payments when the tenants are sincerely unable to comply with their obligations as a consequence of the pandemic. In part 1 of this article, we will be addressing the various options…
The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium to bring their extensive legal, accounting, technology and business turnaround expertise to help businesses in financial distress. Together, these businesses…
The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium to bring their extensive legal, accounting, technology and business turnaround expertise to help businesses in financial distress. Together, these businesses…
Copyright Infringement Online in This New COVID-19 Environment With societies worldwide forced to move swiftly into a digital reality due to the COVID-19 pandemic, it will become increasingly important to protect your original work from copyright infringement. Many tech savvy copyright infringers exist on the web and will illegally appropriate your work for their own commercial…
The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium to bring their extensive legal, accounting, technology and business turnaround expertise to help businesses in financial distress. Together, these businesses have launched a crisis…
The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium to bring their extensive legal, accounting, technology and business turnaround expertise to help businesses in financial distress. Together, these businesses have launched a crisis…
Business Rescue: Giving Your Business That Much-Needed Breathing Space from Creditors The Companies Act No. 71 of 2008 offers a remedy to companies that are indeed financially distressed but have the belief that there are reasonable prospects for rescuing the business, via the election to place themselves in voluntary business rescue. By a company electing…
The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium to bring their extensive legal, accounting, technology and business turnaround expertise…
Schindlers Webinar Event Reminder For This Week: 12 May 2020 – 15 May 2020 The coronavirus (COVID-19) global pandemic has brought additional strain to an already struggling South African economy. IQbusiness, Schindlers Attorneys, Engaged Business Turnaround, Sirdar Group and Envision have formed a consortium…
This is an excerpt from an article published in the SP3 Financial Services May 2020 newsletter. You can read the full article here. There are significant obligations placed on directors by the Companies Act and personal and criminal liabilities if they fail to meet these obligations. As a director you will no doubt be focusing…
Contributors: Marius van Rensburg – Partner This article was originally published on the Schindlers website on 6th April 2020: https://www.schindlers.co.za/2020/the-impact-of-unforeseen-events-on-contractual-implications-force-majeure-impossibility-of-performance/ INTRODUCTION The purpose of this article is to explore the impact of COVID-19 and the resultant lockdown on contractual implications in South Africa. There are two primary issues to be considered in this regard:…
This article was originally published on the Schindlers website on 5th April 2020: https://www.schindlers.co.za/2020/covid-19-temporary-impossibility-of-performance-and-the-reciprocal-obligation-for-payment/ The Effect of the Moratorium In terms of section 133 of the Companies Act, 71 of 2008 (hereinafter “the Act”), a general moratorium/suspension is placed on any legal proceedings/enforcement action against the company or in relation to property owned or lawfully…
By Anja van Wijk, Senior Associate and Nicole Rens, Candidate Attorney This article was originally published on the Schindlers website on 28th March 2020: https://www.schindlers.co.za/2020/the-effect-of-covid-19-on-rental-payments-and-evictions/ Introduction As the whole country self-isolates in the safety of their homes, landlords and tenants fear the economic backlash of the COVID-19 novel virus. Commercial tenants are advised by the…
INTRODUCTION This article considers the legal obligation of municipalities when it comes to sending notices, letters of demand and court documents via e-mail, “snail mail” (ordinary post) and “certified” or “registered” mail. This is important to consumers of municipalities because if the municipality in question fails to serve properly in accordance with law, the demand…
I have attached the draft policy on Inclusionary Housing approved by the Mayoral Committee during December 2018, but not yet brought into force, for your consideration. I received this from Mark Blanckenberg, a partner in conveyancing at Schindlers who specializes in developments. Several property developers, town planners and attorneys (including our own Andre Pienaar) have…
This article details the proposed amendments to the existing Expropriation Act, and the effects thereof.