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Dealing with Disputes Amongst the Trustees of a Testamentary Trust
A matter involving a dispute amongst the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court. This was the matter between Rademeyer versus Jesseman and two others under case number: 2020/11552 (reportable). In summary,...
Tax Season: What You Need to Know About the Third Party Process
With the tax season currently underway in South Africa, here’s all you need to know about the Third Party Appointment process and how it could affect you. In terms of the Tax Administration Act, the Commissioner is empowered to request that a third party pay off any...
Unpacking Repudiation In Contract
Contracting parties are often weary of certain risks which may apply to the contractual relationship they are entering into. Be that as it may, if we are truly honest, most contracting parties do not really want to focus on the potential failure of the agreement or...
The Entitlement of an Owner Evict – but only if it is Just and Equitable
Recently there has been a rise in immovable property disputes and more so regarding evictions. With the economic issues that have surfaced since the COVID 19 pandemic, more conflicts have arisen between tenants and landlords, occupiers and landowners. However, it is...
Restraint of trade: is this still enforceable in the current climate?
In the recent case of Bearings International v Veeradu, an unreported case from the Durban Labour Court, a matter was heard on 18 May 2021, and judgement delivered: 30 June 2021, the judge unpacked the enforceability of restraint trade in a Covid-19 economy. A...
The Role of the Information Officer under POPIA
https://oldsite.schoemanlaw.co.za/the-role-of-the-information-officer-under-popia/With the POPIA frenzy of the last few months simmering down thanks to the extension by the Information Regulator for registering Information Officers and PAIA manuals alike, companies have been given more time to fully engage in discussions regarding what the new law...
A Brief Look at the Process of a Protection Order Application
South Africa is a country wherein the right to freedom and security is protected by the Constitution. The judicial system reflects this direction by encompassing the relief mechanisms directed by the Domestic Violence Act 116 of 1998 (hereinafter referred to as the...
Bullying in the Workplace
In terms of our employment Equity Act 55 of 1998 (EEA), bullying of an employee is a form of unfair discrimination as envisaged in Section 6, and it is prohibited. Bullying also results in losses for an employer both in terms of productivity and efficiency. In...
Wills And Estates: The Executor
When someone whom we love passes away, the last thing the family needs is stress about the division of the deceased’s estate. In many cases, the deceased passes away intestate (without a will) and families end up caught up in family feuds over the possessions of the...
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