How Much Do You Know About Cannabis?

Cannabis Education for Employers, Managers and HR Professionals Arrives in South Africa Brought to you by Schindlers Attorneys, RCU Canada and EduCann 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
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Standard Bank of South Africa Ltd v Bloemfontein Celtic Football Club (Pty) Ltd 2020 (3) SA 298 (FB)

By Stef de Gouveia and checked by Saul Mayers     Background:  Standard Bank of South Africa Ltd (the “Applicant”) sought an order for the provisional liquidation of Bloemfontein Celtic Football Club Pty (Ltd) (the “Respondent”). The purpose of the provisional liquidation proceedings was as a result of the Respondent’s failure to effect payment of
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Understanding the Different Forms of Bail

By Alisha Naik, Candidate Attorney and Simone Jansen van Rensburg, Associate Introduction Since the implementation of the national lockdown (“Lockdown”) as a result of the Covid-19 pandemic, certain contraventions of the Regulations (“Lockdown laws”) governing the Lockdown have created new criminal offences for which an individual may be criminally charged and convicted. South Africa, more
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Squatter Rights

By Chantelle Gladwin-Wood, Partner and Anja Van Wijk, Senior Associate Introduction This article examines what “squatter rights” are in the context of the South African Law of Landlord and Tenant, in relation to both commercial and residential property. What is a squatter? A squatter is any person or organisation that continues to occupy a property
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THE IMPACT OF UNFORESEEN EVENTS ON CONTRACTUAL IMPLICATIONS FORCE MAJEURE / IMPOSSIBILITY OF PERFORMANCE

Contributors: Marius van Rensburg – Partner 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: Does the contract have a Force Majeure (FM) clause? If there is no FM
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The Effects of Business Rescue on Property Owners

Contributors: Paul-Michael Keichel and Elani Vogel 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 possessed by the company. In addition to such
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CAN A CREDITOR HAVE BUSINESS RESCUE PROCEEDINGS CONVERTED INTO LIQUIDATION PROCEEDINGS?

  There can be no denying that one of the hardest hitting consequences of COVID-19 will be on business throughout South Africa, big or small, particularly following the lockdown put in place by the South African government, effective  from midnight, 27 March 2020. Many businesses will suffer financially, with revenues predicted to drop sharply until
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Corona and the Companies Act

We have been placed, legitimately and necessarily, into a state of disaster in response to the international pandemic that is Covid-19. It is obviously so that we must unite as fellow human beings to take care of one another, mitigating the harms that could influence the health, and lives, of the vulnerable in our society.
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Case Note: Tshegofatso Manyetsa V New Kleinfontein Gold Mine (Pty) Ltd (JS 706-14)

Summary Ms Manyetsa (“the Applicant”) works as an underground electrician for New Kleinfontein Gold Mine (Pty) Ltd (“the Respondent”) . In this matter, she sought damages against the Respondent based on sec 6(1) of the Employment Equity Act (“EEA”) for loss actually incurred when she, in terms of a policy (Maternity Leave and Women in
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Penalty Fees/Charges and Sectional Title Bodies Corporate

In this article we look at the legality of different kinds of penalties and legal fees imposed by sectional title bodies corporate against defaulting owners in terms of the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and the Regulations thereto, the Conventional Penalties Act 15 of 1962, the National Credit Act 34 of
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