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

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
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
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
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
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
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
Written by Stef de Gouveia and checked by Sean Buskin Background: In this matter, Jaycen Trevor Dale (the “Applicant”) sought an eviction order against Michaela Sarah Newey (the “First Respondent”) in the South Gauteng High Court (the “Court”), which the First Respondent opposed. The Second Respondent did not participate in proceedings. Gilbert AJ (“Gilbert”) was
By Stef de Gouveia and Saul Mayers Background Fujitsu Services Core (Pty) Ltd (the “Plaintiff”) purchased and imported a consignment of laptops and accessories and engaged the services of Schenker South Africa (Pty) Ltd (the “Defendant”) to assist it as its freight forwarding agent pursuant to the commercial agreement (the “Agreement”) concluded between the parties.
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