Case summary written by Marc Barros Gevers and checked by Kirsten Chetty. Background The parties in this matter are as follows: the First Applicant is the School Governing Body of Uitzig Secondary School (“the First Applicant”); the Second Applicant is Uitzig Secondary School (“the Second Applicant”); the First Respondent is the MEC for Education, Western
By Lauren Squier, Associate and Kyle Venter, Candidate Attorney Introduction This article seeks to clarify the term “subrogation” and what this means to you as the insured. The central topics of discussion are primarily, what subrogation is, the doctrine of subrogation under English law, the insurers right to subrogation and the requirements for subrogation.   In
In Re: Understanding Lockdown Stage 4 Implications Within Sectional Title Schemes and Home owners Associations By Lisa Schmidt, Associate; Lauren Squier, Associate Designate and Ayanda David Katjitae, Associate    Introduction As announced by President Cyril Ramaphosa on Thursday evening (23 April), the country is now in a graded alert level system and phased approach to
By Lauren Squier, Associate and Phathutshedzo Ratshitanga, CandidateAttorney Introduction The allocation of parking is one of the most contentious and sensitive topics in sectional title schemes and trustees often have to ensure that they apply only lawful methods in allocating parking in order to avoid members challenging the legality of same.  This article explains how
By Lauren Squier, Associate and Phathutshedzo Ratshitanga, Candidate Attorney Introduction We are now well into the national lockdown in the fight against COVID-19. A recurring question within this period has been whether employers can expect their employees to leave the safety of their homes and keep working for them and the possible consequences that can
SUMMARY THE PARTIES The Applicant in this matter is Capitec Bank Ltd, a registered credit provider in terms of the National Credit Act 34 of 2005 (“NCA”) (herein referred to as the “Applicant”). The First Respondent is Sebastien Alarik Alexanderson, a registered debt counsellor. The Second Respondent is Agnes Hendrika Botes, the consumer under debt
By Chantelle Gladwin-Wood (Partner), Lauren Squier (Associate), MarcGevers (Candidate Attorney) and Jarrod van der Heever (CandidateAttorney) Introduction COVID-19 has irrevocably changed and challenged the way that we do business in South Africa and the rest of the world.  Businesses have been forced to operate from home where possible and, as a result, they are discovering
By Lisa Schmidt, Associate and Lauren Squier and Associate Designate Introduction The period of lockdown being presently in force in  South Africa in response to the COVID-19 pandemic is unprecedented.  The conduct of persons during lockdown is regulated by the Regulations to the Disaster Management Act 57 of 2002 (“the Regulations” / “COVID-19 Regulations”), and
By Lauren Squier, Associate Designate and Alisha Naik and Candidate Attorney INTRODUCTION The period of lockdown presently being experienced by South Africans – in response to the COVID-19 pandemic – has resulted in confusion and uncertainty relating to insurance policies, as well as the extent of the cover awarded thereunder. Both individuals and businesses are