Articles
NEWS ITEM
Sectional title scheme – how do owners institute legal proceedings?
Ownership of a Section Title is made up of three elements; namely individual ownership, joint ownership and membership of a body corporate. Individual ownership is the section you purchased whereas joint ownership is the part know as common property. The section...
South African Commercial law: Section 12J venture capital companies continued – Part 2
Last month we unpacked what it means to be a registered Section 12 J Venture Capital Company or VCC in terms of South African Commercial law. We also unpacked the benefits for both Investors and Investees. In summary qualifying Investors will invest in VCC’s in...
Beware – Scam!
We became aware today that SchoemanLaw Inc’s name is being used in the execution of fraudulent loan agreements purporting to be supported by Direct Axis. The sample received today is available here. Categorically, we hereby wish to state and confirm that we have not...
Disciplinary hearings- the correct way to dismiss misbehaving Employees
Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all the years of...
Contractual obligations of a social media buy and sell
Most of us are part of at least one “buy and sell” or “second-hand” group on social media platforms like Facebook. What is interesting, is how these sales posts are managed and how many people complain on the same page about paying for a product and the seller...
Can an employer monitor employee communications?
Employers often provide their employees access to emails, so they may have the necessary tools to complete their work. For this reason, employers assume they have the right to monitor the emails of their employees. However, it is not that simple and clear cut as there...
Does a Principal Obligation need to exist prior to the conclusion of a valid Suretyship
When a Credit Loan Agreement is entered into between a Creditor and Debtor, a Surety Agreement is often concluded. A Surety Agreement involves three parties being the Creditor, the Principal Debtor and the Surety. The Surety is an individual that undertakes to bind...
Short summary of the Budget Speech 2018
As most South Africans are aware, the national Budget Speech for 2018 was held on 21 February 2018. After quite a lot of turmoil in Government, and the election of a new President, everyone eagerly awaited the Budget Speech this year for some positive economic news....
The powers of a Sheriff to conduct an inventory in terms of a Rent Interdict when the Judgement Debtor is not present, and the premises are locked
A Landlord, who struggles to obtain rental payments from his Tenants, may demand, in writing to his Tenants, the amount of rental payment that is in arrears. Should the Landlord be unsuccessful and a period of 7 (seven) days or longer has lapsed, the Landlord may...
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- Without Prejudice
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