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About Marcel Hart

Author ArchiveMarcel Hart
Collection of tuition fees

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 (hereinafter the “Constitution”). The Constitution was the finalisation of […]

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Antenuptial Contract

The Ability to Constitute Quorum at a General Meeting of a Body Corporate and the limitation of Proxys

The Sectional Title Scheme Management Act 8 of 2011 (hereinafter referred to as “STSMA”) brought significant changes to what would constitute a quorum for a general meeting of a Body Corporate in Sectional Titles Scheme. A general meeting of the Body Corporate is required to be held annually. The Body Corporate is made up of […]

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The use of a polygraph test in Employment law in South Africa

The use of a polygraph test, commonly referred to as a lie detector test and is currently unregulated in South Africa. The test is administered by a Polygraphist who measures and records the physiological indices such as blood pressure, pulse, sweat glands and cardiovascular responses of the person being test, while the subject is asked […]

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Labour Relations Act

Strikes and Lock-Outs: The Rights of Employees and Employers

The Labour Relations Act 66 of 1997 as amended (hereinafter referred as to the “LRA”), regulates the law relating to strikes and lock-outs. The LRA provides and outlines the rights and protection provided to Employees who decide to embark on strike action. Furthermore, the LRA sets out the Employer’s recourse where his/her Employees embark on […]

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eviction

The Application of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 to defaulting mortgagors and property sold at sale in execution

The purpose of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act No. 19 of 1998 (hereinafter referred to as “PIE”) is to regulate the eviction process in respect of unlawful occupiers. PIE introduces procedures for the eviction of unlawful occupiers to ensure that no one is illegally deprived of property, their home […]

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