CLE: Swatch AG (Swatch SA) v Apple Inc. (1320/2018) [2021] ZASCA 11

Case Summary Written by Khethiwe Mabhena, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 13 April 2022 Judgment Delivered on 29 January 2021 THE BACKGROUNDThis judgment concerned an application before the Supreme Court of Appeal (the “Court”) to set aside an order of the High Court dismissing SWATCH AG (SWATCH SA)’s (the “applicant”)
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Mkhatshwa and Others v Mkhatshwa and Others [2021] ZACC 15

Case Summary Written by Fatimah Ansary, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 20 April 2022 Introduction This case portrays a clear indication of how the Courts will not entertain frivolous and vexatious litigation. The integrity of the Judicial system and its officers will be safeguarded to the extent that justice and
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Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20) [2021] ZALAC 51 (13 December 2021)

Article written by Elani Vogel, Candidate Attorney, checked by Dave Loxton, Partner at Schindlers Attorneys 04 February 2022 Introduction Riaan Gerber (“appellant”) had referred three disputes to the court a quo (Labour Court) comprising of several claims, including a dispute in terms of section 187(1) of the Labour Relations Act 66 of 1995 (“LRA”) on
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Rikhotso v Premier, Limpopo Province and Others [2021] ZACC Case No. CCT 79/20

Article written by Khethiwe Mabhena, Candidate Attorney, checked by Elani Vogel Candidate Attorney, and released by Caitlin Wilde Partner at Schindlers Attorneys 31 January 2022 Judgment Delivered on 25 January 2021 The background This judgment concerned an application before the Constitutional Court (the “Court”) to set aside an order of the High Court dismissing Headman
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Maroveke v Talane N.O. and Others [2021] ZACC 20

Article written by Fatimah Ansary, checked by Elani Vogel, Candidate Attorney and released by Caitlin Wilde, Partner at Schindlers Attorneys 27 January 2022 Background Mr Nesu Maroveke (“applicant”) was employed by Fermel (Pty) Limited (“third respondent”) as an artisan and mine technician. On 25 June 2009, the applicant was driving a company vehicle underground through
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Rule 23(1) of the Uniform Rules: SB v Storage Technology Services (Pty) Ltd (15550/2020) [2021] ZAWCHC 210 (21 October 2021)

Article written by Elani Vogel, Candidate Attorney, checked by Loyiso Bavuma, and released by Caitlin Wilde, Partner at Schindlers Attorneys 10 December 2021 Introduction Rule 23(1) of the Uniform Rules of Court (“the Rules”) deals with exceptions. An exception is a legal objection to an opponent’s pleading. It complains of a defect inherent in the
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Non-Fungible Tokens (NFTs) and Fraud

Article written by Dave Loxton (Partner) and Elani Vogel (Candidate Attorney), checked and released by Dave Loxton 29 September 2021 IntroductionIf you have seen the headline of Twitter CEO, Jack Dorsey, who auctioned his first ever tweet as a nonfungible token (“NFT”) for a dazzling $2.9 million in March this year, then you may be
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Crypto Fraud: The Risks

Article written by Elani Vogel, Candidate Attorney and Dave Loxton, checked and released by Dave Loxton, Partner at Schindlers Attorneys 30 August 2021 IntroductionAs the popularity of cryptocurrency (“crypto”) has grown in the past year, so have concerns about its risks and increased use by criminals. The USA alone reported more than 80 00 crypto
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How to protect your unregistered trademark

trademark
Article was written by, Elani Vogel, Candidate Attorney, checked by Courtney Altmuner, Associate and released by Caitlin Wilde, Partner at Schindlers Attorneys. 19 July 2021 Introduction A trademark differentiates the goods and services of one business from that of another. A trademark is defined in the Trade Marks Act 194 of 1993 (“the Act”) as
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Special shareholders’ meetings: beware of self-help

Article written by Chantelle Gladwin-Wood, Partner at Schindler Attorneys, Danmari Duguid, Associate and Elani Vogel, Candidate Attorney, checked by Danmari Duguid and released by Chantelle Gladwin-Wood. 02 June 2021 IntroductionEvery member of a Homeowners Association (hereafter “HOA”) must abide by the rules of the estate, its Memorandum of Incorporation (“MOI”), and the Companies Act 71
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