By Celeste Frank and checked by Jeannique Booysen Background This is an application for special leave to appeal in which the Supreme Court of Appeal overturned findings and orders made by the Gauteng Division of the High Court, Johannesburg regarding living annuities and the calculation of accrual claim at date of divorce. Mrs Charmaine Montanari

By Kyle Venter, Candidate Attorney, Dingumuzi Ndhlovu, Associate and Lisa Schmidt, Associate Introduction  This article seeks to examine the legal requirements for the lawful use of electronic signatures. It will focus on the use of electronic signatures in the legal industry. 1. Why a focus on the Legal Industry? Unlike most industries that have embraced

By Wade O’Connor, Candidate Attorney and Caitlin Wilde, Partner Introduction Since the dawn of the internet, cybercrime has been an ever-present threat. As technology develops, so too does its users’ capabilities. President Cyril Ramaphosa has described COVID-19 as an ‘Invisible enemy’, however, 2021 could pose a new threat in the form of an ‘invisible criminal’.

By Marius van Rensburg – Head of Conveyancing and Partner INTRODUCTION With the expansion of e-commerce and the growing use of digital technology in the business world, the Electronic Communications and Transactions Act 25 of 2002 (ECTA) enacted in 2002, has made it easier than ever to facilitate electronic communications and transactions online, via e-mail,

By Wesley Pons, Associate and Elani Vogel, Candidate Attorney 1. Introduction On 16 April 2020, the Intergovernmental Fintech Working Group (“the IFWG”) published its position paper on crypto assets, providing specific recommendations for the development of a regulatory framework for crypto assets in South Africa (“the position paper”). The IFWG is a body of several

Written by David Hepburn, Partner, Jayna Hira, Associate, and Wade Jacobs, Candidate Attorney INTRODUCTION The National Treasury and SARS have implemented measures to assist taxpayers to keep afloat and meet their financial obligations towards their employees and suppliers. In order to apply for requisite tax relief, a taxpayer must be tax compliant, and all tax

LANDLORD & TENANT GUIDELINES CAN A LANDLORD PLACE A TENANT IN BREACH DURING THIS TIME? Yes- If the tenant is in breach, the landlord is entitled to exercise its rights by giving written notice to the tenant as directed by their lease agreement. CAN A LANDLORD CANCEL THE LEASE IF THE BREACH IS NOT RECTIFIED?

By Marius van Rensburg – Head of Conveyancing and Partner at Schindlers Attorneys INTRODUCTION  Purchasing a house is usually quite stressful owing to the enormity of the implications involved, this can be further compounded by a party to the transaction passing away or going insolvent. In this article we explore the implications of the death/insolvency of

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, Candidate Attorney Introduction We are now well into the national lockdown in the fight against COVID-19. A recurring question within this period has been whether employers can expect their employees to leave the safety of their homes and keep working for them and the possible consequences that can