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  • Article

    Business Rescue Bailout In South Africa

    South Africa is still recovering from the Covid-19 pandemic, the looting and the most recent floods in KwaZulu Natal. So, how will South Africa's economy recover, if ever?
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Update: Covid-19, The CPA And Evictions

    Recently there has been a rise in commercial evictions. Debates around same include the possible applicability of the Consumer Protection Act 68 of 2008 as amended (hereafter "the CPA")...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Dismissal For Refusing To Vaccinate Against COVID-19

    The South African government's official website indicates that the country has 46.2% of its adult population (over 18 years of age) vaccinated.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Domestic Violence – The Prevalent Social "Evil"

    We currently live in very unpredictable times in the midst of the COVID-19 pandemic. South Africa enforced strict lockdown regulations on 27 March 2020...
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Parental Alienation And Parental Rights – Can I Just Stop Paying Maintenance?

    Every parent has rights and responsibilities towards his/her children, whether married or unmarried; all parents are afforded these rights.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Business Interruption Insurance And The Covid 19 National Lockdown

    There has been enough said on the negative effects experienced in the commercial sector as a result of the Covid-19 National Lockdown
    South AfricaInsurance
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Injuries Or Illness Sustained At Work – Unpacked

    I will refer to the Compensation for Occupational Injuries and Diseases Act Number 130 of 1993 as "COIDA".
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Supreme Court Of Appeal Overrules High Court In Decision Over Whatsapp Message Contract

    The case between Ntsieni Morris Kgopana and Mohlaki Rosina Matlala in the Supreme Court of Appeal ("the SCA") considered whether a...
    South AfricaMedia, Telecoms, IT, Entertainment
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Construction Guarantees – When Does The Contractor Have The Right To Interfere With The Employer's Claim?

    It is a common occurrence for contractors to insure the performance of large construction projects. In fact in large projects this is a requirement.
    South AfricaReal Estate and Construction
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    It's Implied! Tacit Contractual Terms

    It is commonly believed that when entering into a contractual arrangement that the resulting relationship is to be governed by the terms as it appears in the relevant contract and those terms only. This is not entirely incorrect.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Brief Overview Of Retrenchments

    South African labour law has a very well-structured approach to assist employers and employees in identifying their rights...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Just Dismissal – Unpacking Employment Law In South Africa

    When considering disciplinary action that may lead to an employee's dismissal, an employer has to wrestle with questions of both fairness and "just reasons" in order to successfully exercise...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Withdrawal Of An Offer Of Employment – Is That A Dismissal?

    The question is really – when does the employment relationship start? In my view, the start of the relationship is often blurred on receipt of an offer – before it is accepted.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Digital Turn Of Banking

    Traditionally banks provided the function of acting as an intermediary between a client and endpoint chosen by such client.
    South AfricaFinance and Banking
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    "It's Better Than Yours!"

    Whether it be as a result of ideological changes in consumers, the Covid-19 pandemic, or political strife, the South African goods and services market has had to endure some significant shifts in recent years.
    South AfricaMedia, Telecoms, IT, Entertainment
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Ever Wondered About The Difference Between A Resignation And A Termination?

    You cannot foresee yourself working for a company where the work environment becomes unendurable. Therefore, you have to make a conscious decision about whether you are going to resign...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Claim Your Legal Remedy "Once And For All" Or Forever Hold Your Peace?

    The rule, derived from English law, requires that all claims generated by the same cause of action, be instituted in one action.
    South AfricaReal Estate and Construction
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    International Arbitration – Making An Award In By Default An Order Of The Court

    In many instances, a dispute is referred to arbitration and determined – even if cross-border.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Courts Rule On Private Higher Education Qualifications

    The recognition and status of private higher education qualifications have remained somewhat of a grey area for legal practitioners and candidate legal practitioners. While the requirements for admission as an...
    South AfricaConsumer Protection
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Short Time Work As An Alternative To Retrenchment During The #COVID-19 Pandemic

    Many Employers, despite the sudden economic downturn due to the COVID-19 pandemic, do not wish to retrench their Employees due to various reasons...
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.

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