The Trustees for the time being of Hunter Family Trust v Duin-en-See (Pty) Ltd and Others (5035/2017) [2022] ZAWCHC 141 (26 July 2022)

Companies owning immovable property and operating a share block scheme Article written by Erin Gradidge, checked by Divina Naidoo, Associate, and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys. 12 August 2022 BODY OF ARTICLE: Introduction The Transfer of shares in a company owning immovable property and operating a share block scheme only gives
Read more
No Comments

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation & Arbitration & others (2022) 43 ILJ 1272 (LAC)

Disclosing your ‘side-hustle’/ side business to your employer Article written by Erin Gradidge, checked by Divina Naidoo, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BODY OF ARTICLE: Introduction The fiduciary duty of good faith placed on employees to act in the best interest of the employer extends to
Read more
No Comments

CARBON TAX IN THE CONSTRUCTION INDUSTRY

ITS IMPACT AND THE WAY FORWARD Article written by Danisha Naidu, Candidate Attorney, checked by Davina Naidoo, Associate, and released by Alec Veitch, Partner at Schindlers Attorneys 27 October 2021 INTRODUCTION This article aims to give a brief overview of the Carbon Tax Act, as well as the effects of carbon tax on the South
Read more
No Comments

Blendrite (Pty) Ltd and Another v Moonisami and Another 2021 (5) SA 61 (SCA)

Article written by Marc Barros Gevers, Candidate Attorney, checked by Divinia Naidoo, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 30 September 2021 BackgroundThis case deals with an appeal against granting the remedy of the mandament van spolie for the restoration of the First Respondent’s (“Moonisami”) access to the First Appellant’s (“Blendrite”) network
Read more
No Comments

Nedbank Ltd v Mzizi and Related Cases 2021 (4) SA 297 (GJ)

Nedbank Ltd v Mzizi and Related Cases 2021 (4) SA 297 (GJ)
Article was written by Marc Gevers, Candidate Attorney, checked Davina Naidoo and released by Maike Gohl Senior Partner at Schindlers Attorneys. 4 August 2021 BackgroundAll three cases falling within this judgment (Mzizi, Deyzel and Mbethe), involved default judgment applications for an order allowing for the execution on the immovable property of the respective debtors in
Read more
No Comments

A SOUTH AFRICAN PERSPECTIVE ON “SLAPP” SUITS.

Written by Danisha Naidu, Candidate Attorney, Divina Naidoo, Associate, and Marc Gevers, Candidate Attorney Introduction This article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”), and to what extent SLAPP suits are contrary to fundamental constitutional values and potential abuse of court process, as contemplated in the recent ground-breaking judgment made by Judge Goliath in
Read more
No Comments

Investec Bank Ltd v Fraser No and Others 2020 (6) SA 211(GJ)

Written by Alisha Naik, Candidate Attorney and checked by Divina Naidoo, Associate 26 November 2020 BACKGROUND In this case, Investec Bank Ltd (“the Applicant”) sought an order declaring certain immovable property, owned by the Tricour Property Trust (“the Trust”), of which the First and Second Respondents were trustees, to be specially executable as a precursor
Read more
No Comments

Gewu v Mbanzeni and Another (251362019) [2020] ZAGPJHC 21

Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The
Read more
No Comments

Business Partners Limited v Mmadi and Others [2020] ZAGPJHC 22

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which
Read more
No Comments

Mampane NO and Others v National Union of Public Service and Allied Workers and Another 2020 2 BLLR (LAC)

BACKGROUND The four Appellants are, the Commissioner of the National Lotteries Commission (“the NLC”), the NLC, the board of the NLC, and the Human Capital Manager of the NLC (“the HCM”). The Respondents are respectively the National Union of Public Service and Allied Workers (“NUPSAW”) and Ms Mokgatlha (“Mokgatlha”). The appeal is against the Labour
Read more
No Comments