COJ and Zibi : The City’s New Approach to “Penalty Rates Charges”

Article by Chantelle Gladwin-Wood, Partner and Maike Gohl, Partner at Schindlers Attorneys 18 July 2022 Introduction This article takes a critical look at the legality of the City of Johannesburg Metropolitan Municipality (“the City”)’s new method of charging ‘penalty rates’ charges as ‘sundry charges’. The City has started charging penalty rates charges to customers differently,
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The Application of Rule 46A in relation to the Execution of Residential Property owned by Juristic Persons.

Article written by Katleho Selepe, Candidate Attorney, checked by Kyle Venter, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 15 July 2022 Introduction The laws of the Republic of South Africa demand that sufficient protection is afforded to judgment debtors who are at the risk of having their residential property executed on. Rule
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Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation & Arbitration & others (2022) 43 ILJ 1272 (LAC)

Disclosing your ‘side-hustle’/ side business to your employer Article written by Erin Gradidge, checked by Divina Naidoo, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BODY OF ARTICLE: Introduction The fiduciary duty of good faith placed on employees to act in the best interest of the employer extends to
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M[….] obo M[. ] v MEC for Education, Limpopo Province (1853/2015) [2020] ZALMPPHC 100 (10 December 2020)

Article written by Avyakta Sing, Candidate Attorney, checked by Ashleigh Butler, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BACKGROUND M (“the Plaintiff”) sued the MEC of the Department of Basic Education (“the Defendant”) in her representative capacity as the mother of her child (“T”), due to an eye
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Bwanya v Master of the High Court, Cape Town and Others (CCT 241 of 2020) [2021] ZACC 51

Article written by S’negugu Dlamini, Candidate Attorney, checked by Jordan Dias, Associate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 11 July 2022 Introduction The Bwanya judgment deals with the right of a surviving life partner in a permanent opposite-sex life partnership to inherit or claim maintenance from the deceased partner’s estate. Pursuant to
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Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19) [2021] ZALCJHB 35 (20 January 2021)

Article written by Avyakta Sing, Candidate Attorney, checked by Kirsten Chetty, Associate and released by Chantelle Gladwin-Wood, Partner at Schindlers Attorneys 05 July 2022 BACKGROUND Mr Rala-Rala (“the Respondent”) was employed by Colgate-Palmolive (Pty) Ltd (“the Applicant”) as its CDT Finance Manager. In August 2017 the Respondent suffered a brain stem bleed, which temporarily incapacitated
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STRANSHAM-FORD v MINISTER OF JUSTICE AND
CORRECTIONAL SERVICES AND OTHERS – CASE NO. 27401/15

Article written by Savera Singh and checked and released by Jayna Hira, Associate INTRODUCTION In the case of Stransham-Ford v Minister of Justice and Correctional Services and Others, the contentious topic of euthanasia was discussed at length and assessed on the individual merits of the case. Mr Robert James Stransham-Ford (“the Applicant”), was a highly
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THE CITY OF JOHANNESBURG’S “PER BIN” REFUSE TARIFF FOR BUSINESSES

By Craig Green (Partner) and Maike Gohl (Partner) 2 June 2022 INTRODUCTION This article seeks to examine, in terms of the City’s own tariff schedules, as published on its website, what the City may legally bill its consumers for refuse charges, with a specific emphasis on refuse charges for business properties, and what a consumer
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Shembe and Others v Shembe N.O. [2021] ZACC 17

Case summary written by Fatimah Ansary and checked by Robin Feinstein 30 May 2022 Introduction In this case, the Constitutional Court ensures that its jurisdictional limits and powers are respected and not exceeded when determining an application for leave to appeal. Background In 1910, the Nazareth Baptist Church (the “Church”) was founded by the Prophet
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SHEERAN V CHOKRI [2022] EWHC 827 (CH)

THE “SHAPE OF YOU” COPYRIGHT BATTLE Article written by Lesai Seema, Candidate Attorney, checkeb by Charlotte Clark, Senior Associate and released by Maike Gohl, Partner at Schindlers Attorneys. 09 May 2022 Background On 06 April 2022, the High Court of Justice in England and Wales, Intellectual Property List (Chancery Division), handed down judgment in the
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