M[….] obo M[. ] v MEC for Education, Limpopo Province (1853/2015) [2020] ZALMPPHC 100 (10 December 2020)

Article written by Avyakta Sing, Candidate Attorney, checked by Ashleigh Butler, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BACKGROUND M (“the Plaintiff”) sued the MEC of the Department of Basic Education (“the Defendant”) in her representative capacity as the mother of her child (“T”), due to an eye
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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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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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Groundprobe Pty Ltd and Another v Reutech Mining (Pty) Ltd and Others (Case no 1226/2019) [2021] ZASCA 22 (19 March 2021)

Case summary written by Lesai Seema and checked by Ashleigh Butler 24 March 2021 Background This appeal commenced in the Court of the Commissioner of Patents as a patent infringement action instituted by GROUNDPROBE PTY LTD & GROUNDPROBE SOUTH AFRICA (PTY) LTD (the “Appellants”) against REUTECH MINING (PTY) LTD, REUNERT APPLIED ELECTRONIC and HOLDINGS (PTY)
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Mtshemla and Another v Minister of Police and Others 2020 (2) SACR 254 (ECM)

Case summary written by Ashleigh Butler and checked by Shaun Piveteau 30 November 2020 BACKGROUND: This matter deals with an appeal against the dismissal by the regional magistrate in the Mthatha Magistrate’s Court, of the first and second appellants’ (“Appellants”) damages claim against the first to third respondents (“Respondents”), for their unlawful arrest and detention.
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Organisation Undoing Tax Abuse and Another v Myeni and Others [2020] 3 All SA 578

Case summary written by Ashleigh Butler and checked by Shaun Piveteau. BACKGROUND FACTS The Organisation Undoing Tax Abuse (“OUTA”) and the South African Airways Pilot Association (“SAAPA”) issued summons against Ms Duduzile Myeni (“Myeni”), South African Airways Soc Ltd (“SAA”), Air Chefs Soc Ltd (“Air Chefs”) and the Minister of Finance. No relief was sought
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Covid-19 and the Implications of Price Gouging

By Ashleigh Butler, Candidate Attorney and Justin Sloane, Partner Introduction On 15 March 2020, COVID-19 was declared a national disaster in terms of the Disaster Management Act 57 of 2002 (“the Disaster Act”), with the nationwide lockdown commencing on 27 March 2020. The purpose of this article is to provide the reader with a basic
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The Commissioner for the South African Revenue Service v Clicks Retailers (Pty) Ltd (58/2019) [2019] ZASCA 187 (3 December 2019)

SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld an appeal against the decision of the Tax Court that had upheld an appeal by Clicks Retailers Ltd (the “Respondent”) against the refusal by the Commissioner for the South African Revenue Service (the “Appellant”) to approve an allowance in terms of section 24C of the
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Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2 (10 February 2020).

BACKGROUND The High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was recently tasked to consider an application for urgent relief by Eskom (the “Applicant”) pending an application in terms of the Promotion of Administrative Justice Act (“PAJA”) for judicial review and setting aside of a decision taken by the National Energy Regulator of
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