MASAKO v MASAKO AND ANOTHER 2021 (6) SA 197 (NWM)

Schindlets Attorneys South Africa
Article written by Marc Barros Gevers, Candidate Attorney, checked and released by Keane Robertson, Partner at Schindlers Attorneys 24 November 2021 Background In this case the Appellant’s attorney brought an application in terms of rule 49(1) of the Magistrates’ Courts Rules for the recission of judgment granted by default. Rule 49 provides: (1) A party
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Blendrite (Pty) Ltd and Another v Moonisami and Another 2021 (5) SA 61 (SCA)

Article written by Marc Barros Gevers, Candidate Attorney, checked by Divinia Naidoo, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 30 September 2021 BackgroundThis case deals with an appeal against granting the remedy of the mandament van spolie for the restoration of the First Respondent’s (“Moonisami”) access to the First Appellant’s (“Blendrite”) network
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Mukanda v South African Legal Practice Council 2021 (4) SA 292 (GP)

Written by Marc Gevers, Candidate Attorney, checked by Lauren Squier, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 23 August 2021 Background This case deals with an application for leave to appeal against a costs order, which was made when the Applicant’s application to be admitted as a legal practitioner and enrolled as
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Nedbank Ltd v Mzizi and Related Cases 2021 (4) SA 297 (GJ)

Nedbank Ltd v Mzizi and Related Cases 2021 (4) SA 297 (GJ)
Article was written by Marc Gevers, Candidate Attorney, checked Davina Naidoo and released by Maike Gohl Senior Partner at Schindlers Attorneys. 4 August 2021 BackgroundAll three cases falling within this judgment (Mzizi, Deyzel and Mbethe), involved default judgment applications for an order allowing for the execution on the immovable property of the respective debtors in
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An Overview of Copyright Law

Article written by Wade Jacobs and Marc Barros Gevers, checked by Paul-Michael Keichel 05 May 2021 Introduction As a result of current technological advancements and the focus on mobile and cloud-based productivity, and messaging tools, now, more than ever, it is essential to have an understanding of the basic principles of copyright law, in order
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A SOUTH AFRICAN PERSPECTIVE ON “SLAPP” SUITS.

Written by Danisha Naidu, Candidate Attorney, Divina Naidoo, Associate, and Marc Gevers, Candidate Attorney Introduction This article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”), and to what extent SLAPP suits are contrary to fundamental constitutional values and potential abuse of court process, as contemplated in the recent ground-breaking judgment made by Judge Goliath in
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Levy Collection Process in Sectional Title Schemes

By Lisa Schmidt, Assosiate, Kyle Venter, Candidate Attorney, and Marc Gevers, Candidate Attorney INTRODUCTION Amidst the uncertainty faced during the Covid-19 pandemic, a question that is often asked by homeowners within sectional title schemes is whether or not levies, which are ordinarily payable, will still be payable. WHAT ARE LEVIES?[1] Firstly, it is necessary to
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Introduction to Trustees’ and Managing Agents’ Duties and Roles in Sectional Title Schemes

By Lisa Schmidt (Associate), Lauren Squier (Associate), and Marc Gevers (Candidate Attorney) Introduction This article briefly looks at some of the fundamental duties and roles of both Trustees and Managing Agents in respect of sectional title schemes. Important concepts In order to understand the general concepts of this article, it is necessary to establish the
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Expropriation #7: Expropriation Bill V2.0 and Municipal Charges

By Chantelle Gladwin-Wood (Partner), Anja van Wijk (Senior Associate), and Marc Gevers (Candidate Attorney) October 2020 Introduction This article is one in a series on expropriation, which looks at some of the fundamental legal issues surrounding expropriation in the context of the revised Expropriation Bill published for comment on 9 October 2020 (“Expropriation Bill”). [1]
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Expropriation #6: Expropriation Bill V2.0 – October 2020

By Chantelle Gladwin-Wood (Partner), Anja van Wijk (Senior Associate), and Marc Gevers (Candidate Attorney) October 2020 Introduction This article is one in a series on expropriation, which looks at some of the fundamental legal issues surrounding expropriation in the context of the revised Expropriation Bill published for comment 9 October 2020 (“Expropriation Bill”). [1] This
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