NOMANDELA AND ANOTHER v NYANDENI LOCAL MUNICIPALITY AND OTHERS 2021 (5) SA 619
Sunday, 28 November 2021
Article written by Stefano de Gouveia, Candidate Attorney, checked and released by Keane Roberston, Partner at Schindlers Attorneys 24 November 2021 INTRODUCTION This case concerns the procedural issues pertaining to Uniform Rule 41A, which relates to referring disputes to mediation. Uniform Rule 41A(2)(a) states that “in every new action or application proceeding, the plaintiff or
- Published in News, 2021, community Schemes, COVID-19
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Notarial Bonds
Friday, 05 November 2021
Article written by Stefano de Gouveia, Candidate Attorney, checked by Simone Jansen van Rensburg, Associate and released by Pierre van der Merwe 04 November 2021 INTRODUCTION Notarial bonds are a special form of security which may be utilised in addition to the traditional forms of security, such as mortgage bonds, pledges, suretyships or cessions to
- Published in News, 2021, community Schemes, COVID-19
Non-profit companies and the difference between NPCs with and without members.
Tuesday, 31 August 2021
Article written by Stefano de Gouveia, Candidate Attorney, checked by Ashleigh Butler, Associate, and released by Keane Robertson, Partner at Schindlers Attorneys August 2021 Introduction A non-profit company is a company incorporated for public benefit without the objective or goal of making a profit. A non-profit company is a juristic person, recognised by South African
- Published in News, 2021, community Schemes, COVID-19
Types of profit companies and the basics of setting up a company in South Africa
Friday, 06 August 2021
Article was written by Stef de Gouveia, Candidate Attorney, checked Ashley Butler, Associate and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 4 August 2021 INTRODUCTIONBefore registering a company, one needs to consider what type of entity is required. In South Africa, the Companies Act 71 of 2008 (the “Act”) provides that no new
- Published in News, 2021, community Schemes, COVID-19
How does the National Credit Act apply to me?
Friday, 02 July 2021
Article was written by Stef de Gouveia, Candidate Attorney, checked by Sean Buskin, Candidate Attorney, and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 30 June 2021 INTRODUCTION The National Credit Act No.34 of 2005 (the “NCA”) was signed into law by the president on 15 March 2005, with the intention of governing the application
- Published in News, 2021, community Schemes, COVID-19
WATER LEAKS IN SECTIONAL TITLE SCHEMES
Tuesday, 25 May 2021
Article written by Stefano de Gouveia, Candidate Attorney, checked by Lisa Schmidt, Associate and release by Keane Roberston, Partner at Schindler Attorneys 24 May 2021 IntroductionWater leaks and damage caused by water are common occurrences in sectional title schemes. This article discusses common water leak issues that arise in sectional title schemes and examines liability
- Published in News, 2021, community Schemes, COVID-19
The position of creditors during Business Rescue proceedings
Monday, 24 May 2021
Article written by Stef de Gouveia, Candidate Attorney, checked by Ash Butler, Associate and released by Keane Robinson, Senior Associate 21 May 2021 Introduction Business rescue entails the rehabilitation of a company that is financially distressed. In terms of section 128(f) of the Companies Act [1] (the “Act”), a company is deemed to be financially
- Published in News, 2021, community Schemes, COVID-19
Dale v Newey and Another (42594/2019) [2021] ZAGPJHC 1 (28 January 2021)
Wednesday, 10 March 2021
Written by Stef de Gouveia and checked by Sean Buskin Background: In this matter, Jaycen Trevor Dale (the “Applicant”) sought an eviction order against Michaela Sarah Newey (the “First Respondent”) in the South Gauteng High Court (the “Court”), which the First Respondent opposed. The Second Respondent did not participate in proceedings. Gilbert AJ (“Gilbert”) was
- Published in News, 2021, community Schemes, COVID-19
Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (21830/2014) [2020] ZAGPJHC 111 (25 March 2020)
Thursday, 17 December 2020
By Stef de Gouveia and Saul Mayers Background Fujitsu Services Core (Pty) Ltd (the “Plaintiff”) purchased and imported a consignment of laptops and accessories and engaged the services of Schenker South Africa (Pty) Ltd (the “Defendant”) to assist it as its freight forwarding agent pursuant to the commercial agreement (the “Agreement”) concluded between the parties.
- Published in 2020, community Schemes, COVID-19, News
Bombardier Africa Alliance Consortium v Lombard Insurance Company Limited and Another (A222/2019) [2020] ZAGPPHC 554 (7 October 2020)
Wednesday, 28 October 2020
Case summary written by Snazo Tuswa and checked by Jordan Dias 26 October 2020 BACKGROUND This matter is premised on a performance guarantee, which is a bond issued to one party of a contract as a guarantee against the failure of the other party to meet obligations specified in the contract. It is usually provided by a bank or
- Published in 2020, community Schemes, COVID-19, News
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