Property owners

Property owners not liable for historic municipal debt – what about mortgagees?

  In the landmark Judgment of the Constitutional Court in the matter Jordaan and Others vs City of Tshwane Metropolitan Municipality and Others (“Jordaan case”), the Constitutional Court reviewed the constitutionality of C Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (hereinafter referred to as the “Act”). The Court decided that […]

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Employer unilaterally change retirement age

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. What does the law in South Africa determine? Can […]

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Polygamous Muslim Marriages

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 estate. In September 2017, the High Court of South Africa, Western Cape Division, […]

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Digital Contracting and Debt Collection

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 telecommunication platforms are used to interface and conclude digital contacts in the 21st Century, but […]

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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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