Articles
NEWS ITEM
Festive Season
As we reflect on what has proven to be an extremely challenging year, we wish all our stakeholders, suppliers and clients a joyful festive break! Thank you for the continued support! May this s season bring you closer to all those that you treasure in your heart. Have...
When Goodwill Between Family Turns Sour – Eviction
Eviction applications frequently pit the two sides of our society against one another. The applicant is invariably the property owner who has the resources necessary to access the civil justice system. The Respondent or unlawful occupier – often a person with little...
Does lobolo constitute a Customary Marriage?
There has recently been uncertainty and confusion in light of the Supreme Court of Appeal case of Tsambo v Sengadi [2020] ZASCA 46 ("Tsambo case"). Two of these uncertainties include the questions of whether or not lobolo constitutes marriage and whether a valid...
BBBEE Ownership Transactions
Objects of the Broad-Based Black Economic Empowerment ("BBBEE") Act, 53 of 2003, as amended by Act 46 of 2013(hereafter the “Act”), include promoting economic transformation and achieving a substantial change in the racial composition of ownership. It is with that in...
May an Employer Impose a Sanction Against an Employee where there are Pending Criminal Proceedings Arising out of Charges Unrelated to his/her Employment?
It is a common labour practice that employers require a police clearance certificate to investigate whether or not any criminal offence has been recorded against the employee. Such a requirement may be contained in the employee's contract of employment or internal...
Pre-Incorporation Contracts Explained
Many have found themselves unemployed as a result of the spread and effects of the COVID-19 virus. While some have chosen to search for alternate employment, others have chosen to see their circumstances as an opportune time to take the leap of starting their own...
The Importance of Corporate Governance
A practical corporate governance framework is essential to the successful running of a company. It is the system of rules, practices, and processes by which a company is run. Corporate governess epitomizes the principles of responsibility, accountability, fairness,...
Economic Downturn 2020: Impact On Small Businesses
Small businesses are a vital part of any market’s commercial ecosystem. They provide range in respect of goods and services, allow large companies access to a bigger consumer market and facilitate economic growth and diversity. However, the recent economic downturn as...
A Reflection on Conflict of Interest and Misappropriation of Corporate Opportunity under Modern Company Law in South Africa
According to South African company law, a director has a fiduciary duty to act in good faith and the best interests of the company. Several other duties flow from this duty, such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a...
share our insights
The members of our firm are respected academic writers, they also write for a number of legal, business and mainstream publications, these include:
- De Rebus (SA attorney’s journal)
- Without Prejudice
- Lexis Nexis
- Polity
- GoLegal
- Mondaq
- Centuro Global
- International Institute of Legal Project Management
- IOL
- Spice4Life
We also publish our own as well as an online newsletter that keeps you up-to-date with news from the legal world – and SchoemanLaw Inc.