Crypto Crimes and the South African Legal Framework

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
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The Postnuptial Registration of an Ante-Nuptial Contract

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
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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
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Notarial Bonds

Article written by Stefano de Gouveia, Candidate Attorney, checked by Simone Jansen van Rensburg, Associate and released by Pierre van der Merwe 04 November 2021 INTRODUCTION Notarial bonds are a special form of security which may be utilised in addition to the traditional forms of security, such as mortgage bonds, pledges, suretyships or cessions to
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Understanding the Different Forms of Bail

By Alisha Naik, Associate Designate and Simone Jansen van Rensburg, Associate 14 April 2021 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 convicted. South Africa,
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Trendy Greenies (Pty) Ltd t/a Sorbet George v de Bruyn and Others (C 390/2020) [2020] ZALCCT 28 (21 October 2020)

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg 22 February 2021 Background facts Hestelle De Bruyn (“First Respondent”) and Michelle Anthony (“Second Respondent”) were employed by Trendy Greenies (Pty) Ltd t/a Sorbet George (“Applicant”) in 2018. The First and Second Respondents received extensive training in cosmetic products in the course
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Camp Discovery (Pty) Ltd v Infusion Construction & Concrete Treatment (Pty) Ltd [2020] ZAGPPHC 405 (4 August 2020)

Written by Loyiso Bavuma and checked by Charlotte Clarke BACKGROUND: The parties, in this case, are Camp Discovery (Pty) Ltd (the “Applicant”) and Infusion Construction & Concrete Treatment (Pty) Ltd(the “Respondent). The Applicant wishes to rescind a court order and have it replaced with an order allowing the Applicant to continue with its claim and
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Kgalemo Construction (Pty) Ltd and Others v Iliad Africa Trading (Pty) Ltd [2020] ZAGPPHC 480

Written by Loyiso Bavuma and checked by Simone Jansen van Rensburg BACKGROUND This matter relates to an application for the rescission of a default judgment, a request for an order for costs in respect of proceedings which did not occur on 4 May 2020 and a request for condonation by the applicants for the late
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MURRAY AND ROBERTS (PTY) LTD V COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION AND OTHERS (JA40/2018) [2019] ZALAC 58

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg Background facts The members of the Association of Mineworkers and Construction Union (“AMCU”) referred a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) against their employer, Murray and Roberts (Pty) Ltd (“Appellant”) in pursuit of being granted organisational rights.  First
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Understanding liquidation in relation to immovable property

By Pierre van der merwe and Simone jansen van rensburg INTRODUCTION  Liquidation is a procedure set out in the Companies Act of 1973, it is applicable to companies/close corporations only and not private individuals. Liquidation is a last resort and ultimately results in the demise of the business. The purpose of liquidation proceedings is to dispose
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