INTRODUCTION When a purchaser takes occupation of a property before registration of transfer, the purchaser has the opportunity to live in the property purchased prior to the date of registration.  One of the possible consequences of this early occupation is that purchasers from time to time experience issues in the property. These issues range from

INTRODUCTION A child is defined in the Children’s Act, No. 38 of 2005, as a person under the age of 18 years. Under South African law, a minor child may not enter into contracts without the express or implied consent of their natural or legal guardian i.e. the minor child’s parents or appointed guardian by

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, CandidateAttorney Introduction The allocation of parking is one of the most contentious and sensitive topics in sectional title schemes and trustees often have to ensure that they apply only lawful methods in allocating parking in order to avoid members challenging the legality of same.  This article explains how

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction As of 1 May 2020, South Africa entered an “Alert Level 4” of lockdown, down from the previous Alert Level 5. This has warranted amendments to specific regulations in order to enable the safe and compliant reopening of certain permitted business enterprises across

By Elani Vogel SCHINDLERS CLE CASE TITLE Association of Mineworkers and Construction Union and Others v Ngululu Bulk Carriers (Pty) Limited (In Liquidation) and Others (CCT15/18) [2020] ZACC 8 (6 May 2020) CATEGORY Labour Law  BACKGROUND AND SUMMARY In this matter, the Constitutional Court (the “Court”) had to consider two preliminary points which had succeeded

By Gary Boruchowitz Senior Associate and Frank Sebatana Candidate Attorney  Background With societies worldwide forced to move swiftly into a digital reality due to the Covid-19 pandemic, it will become increasingly important to protect your original work from copyright infringement. Many tech savvy copyright infringers exist on the web and will illegally appropriate your work

By Tayla Bruce, Candidate Attorney and Lee Binneman, Partner 1. Introduction The COVID-19 pandemic will leave a long-lasting impact on businesses worldwide.  The rapid spread of the illness and the subsequent nationwide lockdown imposed in South Africa have forced businesses to take practical and pro-active steps to mitigate losses and ensure their survival. Naturally, the

By Sarah Thackwell, Partner and Kerry Theunissen, Senior Associate Introduction COVID-19 and the resultant national lockdown have created uncertainity with both consumers and suppliers in respect of their contractual rights and obligations and, more particularly, their rights and obligations in relation to cancellations, postponements and refunds. 1. In March, the Office of the Consumer Goods

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction Since the start of the national lockdown, the Minister of Employment and Labour has been proactive in providing employers with alternative solutions to avoid retrenching employees. However, the negative economic impact caused by the Covid-19 pandemic may be so severe that employers may