By Alisha Naik, Candidate Attorney and Maike Gohl, Partner 15 June 2021 Introduction Part 1 of this 2-part series explored the series of events and various legal judgments that effected the change for South Africa, thereby enabling it to become more accepting of the LGBTIQ+ community (“the Community”) by legislating against discrimination on the basis
By Alisha Naik, Candidate Attorney and Maike Gohl, Partner 15 June 2021 Introduction South Africa is one of the countries with the most progressive LGBTIQ+ laws in the world, including full constitutional protections against discrimination on the basis of sexual orientation. In this article, we will look at the series of events and legal judgements
The consequences of marriages concluded out of community of property with the application of the accrual system Written by Alisha Naik, Associate Designate and checked by Pierre van der Merwe, Partner 11 May 2021 INTRODUCTION Part 1 of this 2-part series explored the three options available to couples relating to the various matrimonial property regimes
Written by Alisha Naik, Associate Designate and checked by Pierre van der Merwe, Partner Introduction Getting married can be one of the most exciting, busiest, and frustrating times of your life. In addition to planning for the wedding, one must not forget to consider the legal aspects thereof – before the solemnization of the marriage
Written by Alisha Naik, Associate Designate and checked by Jordan Dias, Associate 11 May 2021 BACKGROUND Whilst in the employ of the Premier and Director General of Mpumalanga (“the Defendants”), Ms Catherine Churchill (“the Plaintiff”) was assaulted by protestors during a labour protest at her place of employment. Alleging that she had developed permanent acute
By Alisha Naik, Associate Designate and Simone Jansen van Rensburg, Associate 14 April 2021 Introduction Since the implementation of the national lockdown (“Lockdown”) as a result of the Covid-19 pandemic, certain contraventions of the Regulations (“Lockdown laws”) governing the Lockdown have created new criminal offences for which an individual may be criminally convicted. South Africa,
Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 14 April 2021 Introduction This article explains the need for a change to the law to permit electronic service of documents by the sheriff. The authors hereof drafted a petition to the Minister of Justice and Constitutional Development (“the Minister”) to
Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 13 April 2021 Introduction This article is written off the back of a petition drafted by the authors hereof to the Minister of Justice and Constitutional Development (“the Minister”) to amend the Justices of the Peace and Commissioners of Oaths Act
Case summary written by Alisha Naik, Candidate Attorney and checked by Jordan Dias, Associate 3 March 2021 Background The Airline Pilots Association of South Africa (“the Applicant”) represented 96% of the pilots employed by the First Respondent, South African Airways (“SAA”). In the present case, the Applicant sought an order, on an urgent basis, declaring
Case summary written by Alisha Naik and checked by Kirsten Chetty. 01 February 2021 Background Nombulelo Cynthia Chiloane (“the Employee”) was said to have cashed a company cheque without following Standard Bank Limited’s (“the Employer”) internal procedures. It later transpired that the cashed cheque was fraudulent, which caused the Employer a loss of approximately R30,000.00.