Article written by Denis Pokani Mitole, Candidate Attorney, checked and released by Charlotte Clark, Senior Associate at Schindlers Attorneys 25 September 2021 Judgment Delivered on 16 Sept 2021 The backgroundThe judgment concerned two separate applications before the High Court of South Africa sitting in Free State (the “Court”). Two matters were heard simultaneously, challenging the

Non-Fungible Tokens (NFTs) and Fraud

Article written by Dave Loxton (Partner) and Elani Vogel (Candidate Attorney), checked and released by Dave Loxton 29 September 2021 IntroductionIf you have seen the headline of Twitter CEO, Jack Dorsey, who auctioned his first ever tweet as a nonfungible token (“NFT”) for a dazzling $2.9 million in March this year, then you may be
Article written by Snazo Tuswa, Candidate Attorney, checked and released by Jordan Dias, Associate at Schindlers Attorneys. 28 September 2021 BACKGROUND On 16 September 2016, Summit Financial Partners (Pty) Ltd (“the First Respondent”) lodged a complaint against Lewis Stores (Pty) Ltd (“the Appellant”) with the National Credit Regulator (“the Third Respondent”), alleging that the Appellant
Article written by Celeste Frank, Candidate Attorney, checked and released by Jordan Dias, Associate at Schindlers Attorneys. 28 September 2021 BACKGROUND On 15 March 2015, Sasol South Africa (Pty) Ltd as an employer (“the Appellant”) and Murray & Roberts Limited as a contractor (“the Respondent”), concluded a construction contract in terms of which the Respondent
Article written by Angela Paschalides, Candidate Attorney, checked by Michal Asoulin, Associate at Schindlers Attorneys, and released by Charlotte Clarke (Solicitor of England and Wales). 22 September 2021 Background The High Court of Justice of England and Wales (Commercial Court, Business and Property Courts) (the “Court”) heard an application by Manchester City Football Club Limited

Smart Contracts

Why should lawyers care about coding? Article written by Lesai Seema, Candidate Attorney, check and released by Heather Kemp, Senior Associate at Schindlers Attorneys, with special thanks to Danmari Duguid, Schindlers Innovations. 20 September 2021 INTRODUCTION In and during 1994, lawyer, cryptographer and Bit Gold creator, Nick Szabo coined the term “smart contract”. Szabo has

Crypto Assets and Exchange Control

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
Article written by Ayanda Motlou, Candidate Attorney, checked by Paul-Michael Keichel, Partner at Schindlers Attorneys and relesed by Gary Boruchowitz, Partner at Schindlers Attorneys. 07 September 2021 What is a Common Law marriage? The technical definition of a common-law marriage is a long-term cohabitation between couples who are in a relationship that resembles a marriage
Article written by Blake Liam Hamilton, Candidate Attorney, checked and released by Lisa Schmidt, Senior Associate at Schindlers Attorneys 06 September 2021 INTRODUCTION Clients often attend at an attorney’s office, seeking legal advice in respect to default judgments obtained against them, without their knowledge. In this regard it must be noted that judgments are frequently