Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 41

Article written by Fatimah Ansary, checked by Wade O’Connor, Candidate Attorney, and released by Caitlin Wilde. Partner at Schindlers Attorneys. 18 February 2022 Background This matter relates to Union for Police Security and Corrections Organisation (the ‘‘applicant’’), a trade union which has members who are employees of South African Custodial Management (Pty) Limited (the ‘‘first
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Rikhotso v Premier, Limpopo Province and Others [2021] ZACC Case No. CCT 79/20

Article written by Khethiwe Mabhena, Candidate Attorney, checked by Elani Vogel Candidate Attorney, and released by Caitlin Wilde Partner at Schindlers Attorneys 31 January 2022 Judgment Delivered on 25 January 2021 The background This judgment concerned an application before the Constitutional Court (the “Court”) to set aside an order of the High Court dismissing Headman
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Maroveke v Talane N.O. and Others [2021] ZACC 20

Article written by Fatimah Ansary, checked by Elani Vogel, Candidate Attorney and released by Caitlin Wilde, Partner at Schindlers Attorneys 27 January 2022 Background Mr Nesu Maroveke (“applicant”) was employed by Fermel (Pty) Limited (“third respondent”) as an artisan and mine technician. On 25 June 2009, the applicant was driving a company vehicle underground through
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Rule 23(1) of the Uniform Rules: SB v Storage Technology Services (Pty) Ltd (15550/2020) [2021] ZAWCHC 210 (21 October 2021)

Article written by Elani Vogel, Candidate Attorney, checked by Loyiso Bavuma, and released by Caitlin Wilde, Partner at Schindlers Attorneys 10 December 2021 Introduction Rule 23(1) of the Uniform Rules of Court (“the Rules”) deals with exceptions. An exception is a legal objection to an opponent’s pleading. It complains of a defect inherent in the
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How to protect your unregistered trademark

trademark
Article was written by, Elani Vogel, Candidate Attorney, checked by Courtney Altmuner, Associate and released by Caitlin Wilde, Partner at Schindlers Attorneys. 19 July 2021 Introduction A trademark differentiates the goods and services of one business from that of another. A trademark is defined in the Trade Marks Act 194 of 1993 (“the Act”) as
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AN OVERVIEW OF CRYPTO ASSETS: WHAT YOU SHOULD KNOW

Article was written by Lesai Seema, Candidate Attorney, checked and released by Caitlin Wilde, Senior Partner at Schindlers Attorneys. 30 June 2021 INTRODUCTION Bitcoin is widely considered the first ever decentralised virtual currency or crypto asset[1] in the world. The currency is said to have been created on or about 03 January 2009 by a
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The Powers of a Business Rescue Practitioner

By Sean Buskin, Candidate Attorney and Caitlin Wilde, Partner Introduction The purpose of this article is to provide the reader with a basic and general understanding of what section 140 and section 141 of the Companies Act 71 of 2008 (“the Act”) entails, with specific reference to the powers which a business rescue practitioner holds
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Lease Agreements and Business Rescue: What HappensWhen a Lessee Enters into Business Rescue Proceedings?

By Dean Scher, Candidate Attorney and Caitlin Wilde, Partner Introduction Economic uncertainty has affected every stratum of society. This article seeks to explore the practicalities of the business rescue process and the effect of entering into business rescue on a contract of lease. The purpose of the business rescue procedure, as enacted under the Companies
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Covid-19: The Protection of Personal Information and Cyber Security

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’.
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Business Rescue versus Liquidation. The difference between the two mechanisms to help guide you in making the best commercial decision for your business.

By Katya Oberzhitsky (Associate designate) and Caitlin Wilde (Partner)   Introduction   The COVID-19 pandemic has caused mass uncertainty for South African business owners, given the far-reaching economic ramifications it may have on our economy. Many business owners are concerned about what this means for the health and sustainability of their business in the coming
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