Articles
NEWS ITEM
The legal standing of commissions of enquiry
Introduction Today, one often hears the term, Commission or Commission of Inquiry, whether it be the “Zondo Commission” (on state capture) or numerous other references in the news. What is often less clear, however, is what the term “Commission” or Commission of...
SchoemanLaw is counted as one of Nine world-class innovations from Southern Africa – Finalist Hiil Innovating Justice Challenge!
HiiL Southern Africa has been going through hundreds of applications for the global Innovating Justice Challenge 2019, shortlisting the best innovations, and interviewing potential finalists for our region. A few days ago they stated that: We’re delighted to say that,...
Directors’ Delinquency versus Probation
Introduction A significant innovation under the Companies Act 71 of 2008 as amended (the “Act”) is that it provides for a court application to declare a director delinquent or to have him/her placed under an order of probation. The Act confers locus standi on a broad...
Mediation – is it an Alternative to Litigation?
Mediation can be described as a flexible process conducted in confidentiality, in which a neutral third party actively assists parties in working towards a negotiated agreement of a dispute or difference. This article seeks to explore whether Mediation is a suitable...
The Carbon Tax Act
Introduction The Carbon Tax Act 15 of 2019 (the “Act”) was enacted as a result of the increase of greenhouse gas emissions in the atmosphere, which is causing and contributing to global climate change. The Act in its preamble, therefore, aims to contribute to the...
Living and Conducting your Business with minimal risk
Introduction The principle of insurance has been with us for ages and has developed into a complex problem that sometimes trips up even the smartest people. Nonetheless insuring us against all the uncertain perils that life or business can throw at us is of cardinal...
ENAC: Can a party withhold their own performance where the other party has failed to perform?
Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other...
The Case of Debt Review- Can Consumer Exit Debt Review Early?
Introduction When Consumers are over-indebted, they can use the Debt Review mechanism provided by the National Credit Act 34 of 2005 (NCA) to restructure their debts as long as the Consumer is a natural person and the NCA applicable. In terms of Section 79(1)(a) and...
SchoemanLaw’s SME Self-Service Desk is shortlisted!
We have been shortlisted as one of 90 out of 450 applicants to join the HiiL Justice Accelerator in the Innovating Justice Challenge. HiiL (The Hague Institute for Innovation of Law) find, and support the best justice innovations in a region or country. HiiL (The...
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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
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