NOMANDELA AND ANOTHER v NYANDENI LOCAL MUNICIPALITY AND OTHERS 2021 (5) SA 619

Article written by Stefano de Gouveia, Candidate Attorney, checked and released by Keane Roberston, Partner at Schindlers Attorneys 24 November 2021 INTRODUCTION This case concerns the procedural issues pertaining to Uniform Rule 41A, which relates to referring disputes to mediation. Uniform Rule 41A(2)(a) states that “in every new action or application proceeding, the plaintiff or
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MASAKO v MASAKO AND ANOTHER 2021 (6) SA 197 (NWM)

Schindlets Attorneys South Africa
Article written by Marc Barros Gevers, Candidate Attorney, checked and released by Keane Robertson, Partner at Schindlers Attorneys 24 November 2021 Background In this case the Appellant’s attorney brought an application in terms of rule 49(1) of the Magistrates’ Courts Rules for the recission of judgment granted by default. Rule 49 provides: (1) A party
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Non-profit companies and the difference between NPCs with and without members.

Article written by Stefano de Gouveia, Candidate Attorney, checked by Ashleigh Butler, Associate, and released by Keane Robertson, Partner at Schindlers Attorneys August 2021 Introduction A non-profit company is a company incorporated for public benefit without the objective or goal of making a profit. A non-profit company is a juristic person, recognised by South African
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Types of profit companies and the basics of setting up a company in South Africa

company in South Africa
Article was written by Stef de Gouveia, Candidate Attorney, checked Ashley Butler, Associate and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 4 August 2021 INTRODUCTIONBefore registering a company, one needs to consider what type of entity is required. In South Africa, the Companies Act 71 of 2008 (the “Act”) provides that no new
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How does the National Credit Act apply to me?

Article was written by Stef de Gouveia, Candidate Attorney, checked by Sean Buskin, Candidate Attorney, and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 30 June 2021 INTRODUCTION The National Credit Act No.34 of 2005 (the “NCA”) was signed into law by the president on 15 March 2005, with the intention of governing the application
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WATER LEAKS IN SECTIONAL TITLE SCHEMES

Article written by Stefano de Gouveia, Candidate Attorney, checked by Lisa Schmidt, Associate and release by Keane Roberston, Partner at Schindler Attorneys 24 May 2021 IntroductionWater leaks and damage caused by water are common occurrences in sectional title schemes. This article discusses common water leak issues that arise in sectional title schemes and examines liability
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The position of creditors during Business Rescue proceedings

Article written by Stef de Gouveia, Candidate Attorney, checked by Ash Butler, Associate and released by Keane Robinson, Senior Associate 21 May 2021 Introduction Business rescue entails the rehabilitation of a company that is financially distressed. In terms of section 128(f) of the Companies Act [1] (the “Act”), a company is deemed to be financially
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Bombardier Africa Alliance Consortium v Lombard Insurance Company Limited and Another (A222/2019) [2020] ZAGPPHC 554 (7 October 2020)

Case summary written by Snazo Tuswa and checked by Jordan Dias 26 October 2020 BACKGROUND This matter is premised on a performance guarantee, which is a bond issued to one party of a contract as a guarantee against the failure of the other party to meet obligations specified in the contract. It is usually provided by a bank or
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Vumacam (Pty) Ltd v Johannesburg Roads Agency and Others

By Stef de Gouveia and Keane Robertson BACKGROUND In an application for leave to appeal, the Johannesburg Roads Agency’s (the “JRA”) application was dismissed with costs and Vumacam Proprietary Limited’s (“Vumacam”) application in terms of section 18 of the Superior Courts Act 10 of 2013 (the “Act”) was granted.  The JRA, discontent with the order
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Vumacam (Pty) Ltd v Johannesburg Roads Agency and Others

By Stefano de Gouveia, Candidate Attorney and Keane Robertson, Partner Background:  The applicant in this matter, Vumacam (Pty) Ltd (“Vumacam“) has over time sought wayleaves from the first respondent, the Johannesburg Road Agency (“JRA“). More recently, however, Vumacam has been unable to secure any wayleaves due to the JRA refusing to consider Vumacam’s wayleave applications. 
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