Article written by Ayanda Motlou, Candidate Attorney, checked and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys. 03 March 2022 Our government is constitutionally bound to be just, to promote justice and accountability, to ensure the realisation of the rights contained in the Bill of Rights and to make decisions, administrative or otherwise, in the
Crypto Crimes and the South African Legal Framework
Article written by Lesai Seema, Candidate Attorney, checked and released by Shaun Piveteau, Senior Associate at Schindlers Attorneys 13 December 2021 INTRODUCTION Unlawful (or at the very least, what appears to be unlawful) cryptocurrency/Crypto assets (“Crypto”) transactions have been concluded almost immediately after blockchain technology was developed. The anonymity in the blockchain system, is a
Schindlers Attorneys postnuptial registration of ante-nuptial contract
Article written by Alisha Naik and Precious Mmako, Candidate Attorney’s, checked by Simone Jansen van Rensburg, Associate and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys 13 December 2021 INTRODUCTION Under South African law, if prospective spouses do not execute an antenuptial contract (“ANC”) prior to their marriage, they shall automatically be married in community
Written by Celeste Frank, Candidate Attorney, checked and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys 23 August 2021 INTRODUCTION Over the years, the law around customary marriages in South Africa has continued to evolve on a case-by-case basis, which has led to inconsistencies regarding the recognition of customary marriages. This is primarily due to
Written by Celeste Frank, Candidate Attorney, checked and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys 23 August 2021 INTRODUCTION Prior to the recent judgment handed down by the Supreme Court of Appeal (“SCA”) on 18 December 2020, our Constitution did not recognise nor regulate Muslim marriages as valid marriages because they were viewed as
Written by Eileen Dexter, Candidate Attorney and Nicola Nieuwoudt, Partner Introduction Parental alienation occurs when one parent undermines or prejudices the contact and relationship between the child and the other parent for no valid reason. Parental alienation is a set of processes and behaviors adopted by a parent to deliberately and knowingly damage the relationship
By Nicola Nieuwoudt – Partner, Jeannique Booysen – Associate, and Celeste Frank, Candidate Attorney INTRODUCTION The COVID-19 crisis has not only shocked global healthcare and the world economy to the core but has led to the first National State of Disaster and lockdown in our democracy, with personal lives being affected in an unprecedented manner.