Qwelane v South African Human Rights Commission and Another [2021] ZACC 22

Article written by Ayanda Motlou, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 03 March 2022 In Qwelane v South African Human Rights Commission and Another1 , the Constitutional Court decided on the invalidity of section 10(1) of the Equality Act, which defines and prohibits hate speech. In the above matter,
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Customary Divorces and Women’s Rights in South Africa when getting divorced

The rights of women in customary marriages Article written by Eileen Dexter, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 02 March 2022 Introduction Before we address the topic at hand, it is important to understand the difference between a civil marriage and a customary marriage. Certain requirements exist that must
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Nhleko v Gauteng Department of Education (JS910/15) [2020] ZALCJHB 9 (21 January 2020)

Article written by Avyakta Sing, Candidate Attorney, checked and released by Kyle Venter, Associate at Schindlers Attorneys. 24 February 2022 Background The Gauteng Department of Education (“the Respondent”) was Mr. Nhleko’s (“the Applicant”) employer. He referred a dispute to the Education Labour Relations Council (the “ELRC”) when his employment was terminated, stating that he was
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Why does City of Johannesburg bill Residential Sectional Title Properties Business rates?

Article written by Chantelle Gladwin-Wood and Maike Gohl, both Partners at Schindlers Attorneys. 28 February 2022 INTRODUCTION Owners of sectional title units should be billed by their respective municipality for rates based on the rating category applicable to such units as set out in the municipality’s prevailing rates policy. In the City of Johannesburg Metropolitan
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SMS v City of Johannesburg Metropolitan Municipality (9165//2017) [2022] ZAGPJHC 55 (11 February 2022)

Article written by Avayakta Sing, Candidate Attorney, checked and released by Jordan Dias, Associate at Schindlers Attorneys. BACKGROUND In her capacity as the mother and natural guardian of the minor child (herein after referred to as “B”), the Plaintiff instituted action against the Defendant (City of Johannesburg Metropolitan Municipality). According to the Plaintiff, B was
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LH v ZH  2022 (1) 384 (SCA)

Article written by Regan Turnbull, checked and released by Alisha Naik, Candidate Attorney at Schindlers Attorneys. BACKGROUND This case concerns the application and interpretation of s 18(a) of the Matrimonial Property Act 88 of 1984 (“The Act”). Prior to the solemnisation of her marriage to the Applicant, the Respondent was involved in a motor vehicle
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The Rental Housing Tribunal: All Bark and No Bite?

Article written by Nombuyiselo Mvelase, Candidate Attorney, checked by Kyle Venter, Associate, and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys. 21 February 2022 Introduction The Rental Housing Tribunal has been described as being “all bark and no bite” in the sense that it does not have the authority to compel parties to act in
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Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 41

Article written by Fatimah Ansary, checked by Wade O’Connor, Candidate Attorney, and released by Caitlin Wilde. Partner at Schindlers Attorneys. 18 February 2022 Background This matter relates to Union for Police Security and Corrections Organisation (the ‘‘applicant’’), a trade union which has members who are employees of South African Custodial Management (Pty) Limited (the ‘‘first
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JONES v PRETORIUS NO 2022 (1) SA 132 (SCA)

Article written by Regan Turnbull, checked and released by Jarrod van der Heever, Candidate Attorney at Schindlers Attorneys. Background facts The Appellant, Mr Barend Petrus Jones (“Mr Jones”), was the duly appointed agent of the executor of the estate of the late Wilhelm Petrus Meyer (“The Deceased”). The Respondent is Christina Pretorius NO in her
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Expropriation #8: Where on earth are we South Africa?

Article written by S’negugu Dlamini and Ayanda Motlou, Candidate Attorney’s, checked and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys. 08 February 2022 Introduction This article is one in a series on expropriation, which looks at some of the fundamental legal issues pertaining to expropriation against the backdrop of the history of the process of
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