Crypto Crimes and the South African Legal Framework
Article written by Lesai Seema, Candidate Attorney, checked and released by Shaun Piveteau, Senior Associate at Schindlers Attorneys 13 December 2021 INTRODUCTION Unlawful (or at the very least, what appears to be unlawful) cryptocurrency/Crypto assets (“Crypto”) transactions have been concluded almost immediately after blockchain technology was developed. The anonymity in the blockchain system, is a
Schindlers Attorneys postnuptial registration of ante-nuptial contract
Article written by Alisha Naik and Precious Mmako, Candidate Attorney’s, checked by Simone Jansen van Rensburg, Associate and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys 13 December 2021 INTRODUCTION Under South African law, if prospective spouses do not execute an antenuptial contract (“ANC”) prior to their marriage, they shall automatically be married in community
Crypto Assets and Exchange Control
Article written by Precious Mmako, Candidate Attorney at Schindlers Attorneys 10 September 2021 CRYPTO ASSETS AND EXCHANGE CONTROL Introduction Generally, there is no exact definition for Crypto-assets as they carry out different roles depending on their design and use. Crypto assets can include cryptocurrencies such as Bitcoin and Ethereum. Bitcoin and Ethereum were designed to

Unlawful Competition

What is Unlawful Competition? Article written by Precious Mmako, Candidate Attorney, checked and released by Paul-Michael Keichel, Partner at Schindlers Attorneys 09 September 2021 UNLAWFUL COMPETITION Introduction In terms of section 22 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”), every citizen has the right to choose their trade, occupation, or
Employer’s COVID-19 Obligations Written by Precious Mmako, Candidate Attorney, checked by Jordan Dias, Associate and released by Pierre van der Merwe, Partner at Schindlers Attorneys 23 August 2021 EMPLOYER’S OBLIGATIONS Introduction COVID-19 is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was
When will an electronic signature not be accepted? Article was written by Precious Mmako, Candidate Attorney, checked by Jordan Dias, Associate, and released by Pierre van der Merwe, Partner at Schindlers Attorneys 18 June 2021 Introduction A signature refers to a stylistic representation of a person’s name, surname and/or initials that is applied to a
When is a restraint of trade valid and enforceable? Article written by Precious Mmako, Candidate Attorney, checked by Jordan Dias, Associate at Schindlers Attorneys, and released by Pierre van der Merwe, Partner at Schindlers Attorneys. 15 June 2021 RESTRAINT OF TRADE: HOW DOES IT WORK? Introduction A restraint of trade is a provision generally found
Case summary written by Precious Mmako and checked by Jordan Dias Background facts This is an appeal to the High Court against an order (issued on 25 February 2020) evicting Mr Daniel Elyan Shevel (“the Appellant”) from a flat with effect from 31 March 2020. On 1 February 2013, the Appellant took occupation of the flat in
Case summary written by Precious Mmako and checked by Jordan Dias Background Facts The case deals with an appeal to the Constitution Court to determine whether the High Court has jurisdiction over an alleged unlawful termination of a fixed-term contract of employment. On 1 February 2019, Ms Baloyi (“the Applicant”)was employed by the Office of the Public Protector on a five-year