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

Employer’s COVID-19 Obligations Written by Precious Mmako, Candidate Attorney, checked by Jordan Dias, Associate and released by Pierre van der Merwe, Partner at Schindlers Attorneys 23 August 2021 EMPLOYER’S OBLIGATIONS Introduction COVID-19 is an infectious disease caused by a virus that has previously not been scientifically identified in humans, which emerged during 2019 and was

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

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

Article written by Danisha Naidu, Candidate Attorney, checked by Jayna Hira, Associate and released by Charlotte Clarke, Partner at Schindlers Attorneys. 18 August 2021 Background and Facts In this matter, the close relatives of the Deceased brought forth an application in which they sought an order directing the Master of the High Court, Cape Town

Article written by Celeste Frank, Candidate Attorney, checked by Jordan Dias, Associate and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys. 13 August 2021 IntroductionIn circumstances where parents are divorced / separated, disputes regarding the relocation of minor children could arise. These disputes are often difficult to adjudicate on as one parent may have sound

Article written by Angela Paschalides, Candidate Attorney, checked by Michal Asoulin, Associate and released by Charlotte Clarke (Solicitor of England and Wales) Background The High Court of Justice of England and Wales (Commercial Court, Business and Property Courts) (the “Court”) heard an application for contempt by Lakatamia Shipping Company Limited (the “Claimant”) against Hsin Chi

By Maike Gohl, Partner; Lauren Squier, Associate and Katleho Selepe, Candidate Attorney Introduction The recent occurrence of protest action experienced throughout South Africa has resulted in many buildings and properties being damaged. This has caused property owners to suffer substantial losses. Following the protest action, the City of Johannesburg Metropolitan Municipality (“the City”) has invited

Article was written by Snazo Tuswa, Candidate Attorney, checked by Jayna Hira, Candidate Attorney and released by Charlotte Clarke, Senior Associate at Schindlers Attorneys. 10 August 2021 Background Mr Moonisami (“the First Respondent”) launched a liquidation application to liquidate Blendrite (“the First Appellant”), which had two directors, namely, the First Respondent and Mr Palani (“the