Tag ArchivesSchoemanlaw Inc.

Meet the online legal thinking and solution you can trust – let us lead you into the future!

Access to speedy, reliable and affordable legal services is crucial to entrepreneurs. As attorneys, we are in the business of selling time and legal expertise, and obviously to make a decent profit in doing so. For years now, the public’s main objection with how attorneys provide legal solutions has been the time we need to […]

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succession

Customary Law of Succession – Women’s rights to inherit property

Traditionally, women have been denied rights to property under the South African Customary Law of Succession as women were under the guardianship of the male in the family and did not have the legal capacity to either own or acquire property. The customary rule was that succession is governed by the principle of male primogeniture, […]

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Share buy-backs and its dividends tax implications

The Companies Act No. 71 of 2008, as amended (“the Act”), provides that a company may acquire its own shares to the extent that it is solvent and liquid, as more fully described in Section 4 of the Act. In essence, a share buy-back is a transaction where a company buys a portion of its […]

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privacy

Prince v Minister of Justice and Constitutional Development – A case for privacy

On 31 March 2017, the High Court in Cape Town gave a seminal judgment in the case of Prince v Minister of Justice and Constitutional Development and Others , in which it declared sections of the Drugs and Drug Trafficking Act No. 140 of 1992 (hereinafter referred to as the “Drugs Act”) and the Medicines […]

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construction contracts

Guarantees in construction contracts

In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In construction contracts, it is far more common to secure the performance of the obligations of the […]

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