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NEWS ITEM
#WOMENSMONTH – Part One Series: Sexual Harassment in the Workplace – Know your Rights as an Employee!
In South Africa, it is far more common for female employees to fall victim to Sexual Harassment in the workplace. They are often too afraid to speak up or break the silence out of fear of losing their jobs. It is important for all female employees to be aware of the...
Customary Law and a Valid Executed Will
Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has evolved from the...
The revocation of tax compliance status
In the recent decision of Red Ant Security Relocation and Eviction Services (Pty) Ltd v Commissioner for the South African Revenue Service the Pretoria High Court found that SARS had failed to follow due process in revoking tax compliance status in terms of the Tax...
Immovable Property Law: the section 118(3) debate on historical municipal debts – some practical implications
In Jordaan and Others v City of Tshwane Metropolitan Municipality and Others, the Constitutional Court held that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance...
Property owners not liable for historic municipal debt – what about mortgagees?
In the landmark Judgment of the Constitutional Court in Jordaan and Others vs City of Tshwane Metropolitan Municipality and Others (“Jordaan case”), the Court reviewed the constitutionality of Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000...
Retirement- Can your Employer unilaterally change your retirement age?
“When they finally let me retire I want to be a full-time artist”. Nelson Mandela said after agreeing to paint for charity in 2001. Most South Africans believe that they will retire upon reaching the age of 65. They plan and structure their estates according to that....
Section 2C (1) of the Wills Act declared invalid by the Constitutional Court – The effect on polygamous Muslim Marriages
Section 2C (1) of the Wills Act 7 of 1953 as amended (hereinafter referred to as the “Wills Act”), previously prevented surviving spouses who entered into polygamous Muslim marriages, in terms of Muslims rites only, from inheriting repudiated shares of a deceased’s...
The Digital Age – Contracting and Debt Collection
The concept that digital contracts are negotiated and concluded over multiple platforms across the globe has moved from a futuristic idea to reality. The use of Conference calling, Skype, email, fax, Dropbox, Facebook, WhatsApp, SMS and printable webpages and other...
Collection of Tuition Fees by Declaration of Immovable Property Executable- Difference between Public and Independent Schools
In celebration of Nelson Mandela Day on 18 July 2018, SchoemanLaw Inc. will be reviewing the effect that Nelson Mandela has had on South African Law. Nelson Mandela signed the Constitution of the Republic of South Africa, 108 of 1996 into Law on 10 December 1996...
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