Bisschoff v Welbeplan Boerderye (Pty) Ltd 2021 (5) SA 54 (SCA)

Article written by Megan Brook, Candidate Attorney, checked and released by Kerry Theunissen, Senior Associate at Schindlers Attorneys Background facts The Appellants owned numerous farms which were utilised for the production of maize and sunflowers. In 2015, the Appellants concluded several agreements in terms of which they sold 14 (fourteen) portions of the farms to
Read more
No Comments

ESTATE MASSING: A BRIEF OVERVIEW

Article written by Megan Brook, Candidate Attorney, checked by Simone Jansen van Rensburg, Associate and released by Kerry Theunissen, Senior Associate at Schindlers Attorneys Introduction‘Massing’ is a useful estate planning tool, especially for those who are married (regardless of their marital regime). There are, however, legal requirements which must be met in order for there
Read more
No Comments

THE FINANCIAL INTELLIGENCE CENTRE ACT NO. 38 OF 2001: A GUIDELINE FOR LEGAL PRACTITIONERS AND LEGAL PRACTICES

Article was written by Megan Brook, Candidate Attorney, checked and released by Kerry Theunissen, Senior Associate at Schindler Attorneys. 12 July 2021 INTRODUCTION The Financial Intelligence Centre (the FIC), established in 2003 following the promulgation of the Financial Intelligence Centre Act No. 38 of 2001(the FIC Act), is South Africa’s national centre for the gathering,
Read more
No Comments

HOLDEN V ASSMANG LIMITED (CASE NO 1277/19) [2020] ZASCA 145 (5 NOVEMBER 2020)

Case summary written by Megan Brook and checked by Kerry Theunissen BACKGROUND AND SUMMARY: Linda Holden (the “Appellant”) was a counselling psychologist registered with the Health Professions Council of South Africa (the “HPCSA”). Assmang Limited (the “Respondent”) referred its employees to the Appellant. On 30 June 2008, the Appellant was reported to the HPCSA by
Read more
No Comments

Covid-19: Application of the Consumer Protection Act inRelation to Travel Arrangements During and After Lockdown

By Sarah Thackwell, Partner and Kerry Theunissen, Senior Associate Introduction COVID-19 and the resultant national lockdown have created uncertainity with both consumers and suppliers in respect of their contractual rights and obligations and, more particularly, their rights and obligations in relation to cancellations, postponements and refunds. 1. In March, the Office of the Consumer Goods
Read more
No Comments

Fourie v Geyer (MKP27/2018) [2019] ZANWHC 42 (22 August 2019)

BACKGROUND Last year, the High Court of South Africa, North West Division, Mafikeng (the “Court”), was tasked to consider an application for the payment of an amount of R1 303 120.05 plus interest thereon in terms of an acknowledgement of debt (the “AOD”) concluded between friends in or during August 2015. The applicant launched an
Read more
No Comments

The Commissioner for the South African Revenue Service v Clicks Retailers (Pty) Ltd (58/2019) [2019] ZASCA 187 (3 December 2019)

SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld an appeal against the decision of the Tax Court that had upheld an appeal by Clicks Retailers Ltd (the “Respondent”) against the refusal by the Commissioner for the South African Revenue Service (the “Appellant”) to approve an allowance in terms of section 24C of the
Read more
No Comments

Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73

BACKGROUND Joseph Ndzimande and two others (the “Applicants”) were dismissed from the employ of Xstrata (the “Third Respondent”) on the grounds that they brought the Third Respondent into disrepute after allegedly making false and defamatory statements in an interview that aired on 3 (three) SABC radio stations during a march embarked upon by employees of
Read more
No Comments

Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2 (10 February 2020).

BACKGROUND The High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was recently tasked to consider an application for urgent relief by Eskom (the “Applicant”) pending an application in terms of the Promotion of Administrative Justice Act (“PAJA”) for judicial review and setting aside of a decision taken by the National Energy Regulator of
Read more
No Comments

K v K (2016/06073) [2019] ZAGPJHC 18 (17 January 2019)

SUMMARY An application for the recession of a judgment granting a decree of divorce, dated 20 July 2017 (the “Court Order”), was brought before the High Court of South Africa, Gauteng Local Division, Johannesburg (the “Court”), in terms of which the parties were married out of community of property with the exclusion of the accrual
Read more
No Comments