Case summary written byWade O’Connor and checked byAndrew Lawrie BACKGROUND This appeal arose from a referral for unfair dismissal, by an aggrieved employee (“Adams”), to arbitration under the auspices of the National Bargaining Council for the Freight and Logistics Industry (the “Council”).  The prescribed dispute referral form was signed by an attorney on behalf of

Case summary written by Megan Brook and checked by Danmari Duguid BACKGROUND FACTS On 15 July 2020, members of the South African Police Service (the “SAPS”) arrested an employee of Meimei Dong (the “Applicant”) for allegedly contravening Regulation 44(1) of the Disaster Management Act 57 of 2002 (“the Act”). The said employee allegedly unlawfully sold

By Chantelle Gladwin-Wood (Partner), Lisa Schmidt (Associate) and Lindokuhle Mashilo (Candidate Attorney) Introduction Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause exists, a determination would have to be made as to whether the parties should or could approach

By Chantelle Gladwin-Wood, Partner and Dingumuzi Ndhlovu, Associate Introduction  Common boundary walls or party walls have become a topic of importance in modern day suburbia.  With the burgeoning population and proliferation of privately owned urban property ownership in South Africa today, the number of “wall disputes” is blossoming concomitantly. This article will explain what a

 By Chantelle Gladwin-Wood, Partner and Nicole Rens, Candidate Attorney  Introduction This article explains what mediation is, and how mediation in terms of Uniform Court Rule 41A (“Rule 41A”) is envisaged to work. What is mediation? It is: a voluntary process entered into by agreement between the parties to a dispute, in which an impartial and

By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction There is no disputing that we currently find ourselves in a dire economic climate – a climate in which one can easily understand why a scheme selling the idea of ‘quick money’ would gain traction among those who are desperate for a better life. Unfortunately,

Written by Loyiso Bavuma and checked by Jordan Dias Background This matter concerns an immovable property, in terms of which there was a sale and purchase agreement and an addendum thereto (hereinafter collectively the “Agreement”), concluded between the purchaser, Steenkamp (the “Applicant”) and joint sellers, Van Staden and Van Staden (hereinafter collectively the “Respondents”). After

Written By Angela Paschalides, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction In an attempt to alleviate the far-reaching consequences of the COVID-19 pandemic on the dwindling fiscus, the South African Revenue Service (“SARS”) has embarked on a revision of certain key aspects of the personal income tax filing procedure for the 2020 season.  This article

Case summary written by Celeste Frank and checked by Jordan Dias Background On 20 February 1993, the Appellant and the Respondent were married out of community of property with the inclusion of the accrual system. The parties were presently in divorce proceedings and disputed a clause of their ANC excluding, inter alia, certain shares from

Case summary written by Courtney Altmuner and checked by Danmari Duguid  Background The plaintiff, as mother and natural guardian of her minor son (“ERH”), instituted an action in delict against the defendants, Schindler Lifts SA (Pty) Ltd (“Schindler Lifts”) and Old Mutual Limited (“Old Mutual”) for damages in the amount of R7 250 000.00.  On