Article written by Wade Jacobs, Candidate Attorney, checked by Jayna Hira, Associate and released by Charlotte Clarke, Partner at Schindlers Attorneys 27 August 2021 BackgroundThis case deals with the issue of whether a Defendant may raise an exception to a Plaintiff’s amended particulars of claim, specifically where the Defendant has not objected to the Plaintiff’s

Article written by S’negugu Dlamini, Candidate Attorney, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 27 August 2021 Introduction This article explains how it is not necessary, in every instance, for a seller of a property to pay all outstanding rates, taxes and service charges, in order to obtain a Rates Clearance Certificate

ODENDAAL V FERRARIS (422/2007) [2008] ZASCA 85 THE FACTS The defendant in this matter purchased immovable property from the plaintiff.  The defendant alleged that there were certain latent defects in the property in that the carport and an outbuilding did not have the necessary approved statutory plans. The matter was lodged in the deeds office

Article written by Denis Pokani Mitole, Candidate Attorney, checked by Jayna Hira, Associate and released by Paul-Michael Keichel, Partner at Schindlers Attorneys 26 August 2021 BackgroundThe theatrical, electrifying performances of lawyers in popular American television series, battling it out in a quest to appeal to the emotions of a jury and to swing the verdict

Article written by Kyle Venter, Candidate Attorney and Chantelle Gladwin-Wood, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 25 August 2021 INTRODUCTIONIn a prior article (available at https://www.schindlers.co.za/news/makah-v-magic-vending-pty-ltd-ngolo-v-magic-vending-pty-ltd-a325-2016-a326-2016-2017-zawchc-142-2018-3-sa-241-wcc-16-may-2017/) we explained the court’s finding in Makah v Magic Vending (Pty) Ltd (“Makah”), in which the court confirmed the principle that month to month leases

Article written by Ayanda Motlou, Candidate Attorney, checked and released by Mark Blanckenberg, Partner at Schindlers Attorneys 24 August 2021 Introduction The Seller is liable for several costs incurred during the sale of a property. Included below is a list of costs to prepare you for the sale of your home. The Agent’s CommissionShould you

Article written by Maike Gohl, Partner and Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 24 August 2021 Introduction The City of Johannesburg (“COJ”) revised its 2021/2022 rates policy during April/May 2021 (as it does every year), and the new revised version came into effect on 1 July 2021. What seems to have slipped through unnoticed is

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