INTRODUCTION A child is defined in the Children’s Act, No. 38 of 2005, as a person under the age of 18 years. Under South African law, a minor child may not enter into contracts without the express or implied consent of their natural or legal guardian i.e. the minor child’s parents or appointed guardian by

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, CandidateAttorney Introduction The allocation of parking is one of the most contentious and sensitive topics in sectional title schemes and trustees often have to ensure that they apply only lawful methods in allocating parking in order to avoid members challenging the legality of same.  This article explains how

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction As of 1 May 2020, South Africa entered an “Alert Level 4” of lockdown, down from the previous Alert Level 5. This has warranted amendments to specific regulations in order to enable the safe and compliant reopening of certain permitted business enterprises across

By Tayla Bruce, Candidate Attorney and Lee Binneman, Partner 1. Introduction The COVID-19 pandemic will leave a long-lasting impact on businesses worldwide.  The rapid spread of the illness and the subsequent nationwide lockdown imposed in South Africa have forced businesses to take practical and pro-active steps to mitigate losses and ensure their survival. Naturally, the

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction Since the start of the national lockdown, the Minister of Employment and Labour has been proactive in providing employers with alternative solutions to avoid retrenching employees. However, the negative economic impact caused by the Covid-19 pandemic may be so severe that employers may

By Celeste Frank and checked by Jeannique Booysen Background This is an application for special leave to appeal in which the Supreme Court of Appeal overturned findings and orders made by the Gauteng Division of the High Court, Johannesburg regarding living annuities and the calculation of accrual claim at date of divorce. Mrs Charmaine Montanari

By Kyle Venter, Candidate Attorney, Dingumuzi Ndhlovu, Associate and Lisa Schmidt, Associate Introduction  This article seeks to examine the legal requirements for the lawful use of electronic signatures. It will focus on the use of electronic signatures in the legal industry. 1. Why a focus on the Legal Industry? Unlike most industries that have embraced

By Wade O’Connor, Candidate Attorney and Caitlin Wilde, Partner Introduction Since the dawn of the internet, cybercrime has been an ever-present threat. As technology develops, so too does its users’ capabilities. President Cyril Ramaphosa has described COVID-19 as an ‘Invisible enemy’, however, 2021 could pose a new threat in the form of an ‘invisible criminal’.

By Wesley Pons, Associate and Elani Vogel, Candidate Attorney 1. Introduction On 16 April 2020, the Intergovernmental Fintech Working Group (“the IFWG”) published its position paper on crypto assets, providing specific recommendations for the development of a regulatory framework for crypto assets in South Africa (“the position paper”). The IFWG is a body of several

LANDLORD & TENANT GUIDELINES CAN A LANDLORD PLACE A TENANT IN BREACH DURING THIS TIME? Yes- If the tenant is in breach, the landlord is entitled to exercise its rights by giving written notice to the tenant as directed by their lease agreement. CAN A LANDLORD CANCEL THE LEASE IF THE BREACH IS NOT RECTIFIED?