ArticleAntenuptial Contracts: Clauses To AvoidMost couples do a bit of homework before making the decision to conclude an antenuptial contract. In fact, I, as a rule of thumb, ask whether they have during a consultation.South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleMaintenance In Settlement Agreements – Is There Room For Variation After The Fact?Settlement agreements (also referred to as consent papers) are often entered into between parties in divorce proceedings as a means to ensure the parties part ways amicably and to avoid any long and drawn-out court proceedings. South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleParenting Plans: An OverviewThe Children's Act 38 of 2005, as amended (hereafter the "Children's Act"), offers parenting plans as a mechanism to assist parents with how to exercise their parental responsibilities...South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticlePrescription Of A Maintenance Obligation Contained In The Consent PaperIn terms of our law, when parties to a divorce proceeding enter into a Consent paper that is subsequently made an order of Court, there is an expectation that one of the parties shall be liable...South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleRecognition Of Customary Marriages Amendment Bill: Interim Order Of The Constitutional Court Becomes FinalThe 30th November 2019 marked the last day for Parliament to rectify the Recognition of Customary Marriages Act No. 120 1998 ("the RCMA") South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleThe Duties Of The Executor Of A Deceased EstateThroughout your life, you may acquire assets like a house or a car and also be in possession of certain items that you hold near and dear to your heart, like family heirlooms.South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleSectional Title Schemes Management Act: Part 1 Body CorporatesIn 2011 the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act) was assented to by then-President Jacob Zuma.South AfricaInsuranceSchoemanLaw Inc.
ArticleCurator Bonis vs Curator Ad LitemUnder South African law, certain factors affect a person's capacity to act on his/her behalf and manage his/her affairs. For example, factors such as age in the case of minors or mental illness...South AfricaLitigation, Mediation & ArbitrationSchoemanLaw Inc.
ArticleCan You Be Held Liable For Your Social Media Posts?For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed. South AfricaMedia, Telecoms, IT, EntertainmentSchoemanLaw Inc.
ArticleConciliation At The Commission For Conciliation, Mediation And ArbitrationThe Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as "the CCMA") is a dispute resolution body which was established in terms of the Labour Relations Act, 66 of...South AfricaMedia, Telecoms, IT, EntertainmentSchoemanLaw Inc.
ArticleThe National Sport And Recreation Amendment Bill – Restructuring Recreation?Not many are aware of the National Sport and Recreation Act 110 of 1998 (hereinafter referred to as "the Act") and those who are will undoubtedly be aware of the Acts concise form.South AfricaMedia, Telecoms, IT, EntertainmentSchoemanLaw Inc.
ArticleRezoning Of PropertyWhen a property is initially purchased, one cannot always predict the host of possible intentions for which the property is to be used. South AfricaReal Estate and ConstructionSchoemanLaw Inc.
ArticleTenders And PAJA Reviews - A Case For The Use Of Interdicts As Part Of The Process?In Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 9 (12 June 2020) a review application under the Promotion of Administrative...South AfricaReal Estate and ConstructionSchoemanLaw Inc.
ArticleDevelopments In TERS #COVID19The COVID-19 nationwide lockdown has brought about various emergency measures which for the most part are unknown territories to South AfricansSouth AfricaCoronavirus (COVID-19)SchoemanLaw Inc.
ArticleWarranties In Sale Agreements – Can You Be Held To Account, Even Years Later?Warranties and indemnities are mechanisms to ensure trust between contracting parties. It is the proof in the proverbial pudding and aims to provide that a party to a contract does what they say they will.South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleRemoval Of A Director By Shareholders Or The Board Of DirectorsDirectors of a company must perform their duties in a manner that furthers the interests of both the company and the shareholders. So what happens when a director is encumbering the business...South AfricaCorporate/Commercial LawSchoemanLaw Inc.
ArticleContempt Of Court. That's Just Criminal. Isn't It?Firstly, it must be noted that no, contempt of Court does not relate solely to criminal proceedings nor to criminal behaviour. Contempt of Court applies whenever behaviour exhibits simpleSouth AfricaCriminal LawSchoemanLaw Inc.
ArticlePolygraph Testing: Are Employees Obligated To Undergo Testing?A polygraph test is a test frequently used by Employers to verify an Employee's truthfulness and is commonly called a ‘Lie Detector Test.'South AfricaEmployment and HRSchoemanLaw Inc.
ArticleA Brief Look At Consumer Rights In Terms Of The Consumer Protection Act In recent times November has become the favorite month for South African consumers with the adoption of sale specials like Black Friday and...South AfricaConsumer ProtectionSchoemanLaw Inc.
ArticleThe Basics On Corporate Governance – What Does It Really Mean?Corporate governance generally refers to the way in which a company is run and controlled; with specific reference to a company's directors.South AfricaCorporate/Commercial LawSchoemanLaw Inc.