Tag ArchivesSchoemanlaw
Labour law false allegations

The Racism Card at Work – Can Falsely Accusing Someone of Racism Warrant Dismissal?

Introduction South Africa has been plagued by decades of racism that has not been significantly addressed since our new constitutional dispensation post 1994. As such, tensions have remained high, rightly so, in situations where racism has been alleged. Unfortunately, there have also been situations where false allegations of racism have been used. Most recently in […]

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Contracts

Contracts and The Passing of Risk

  Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such tool for this regulation is a distribution […]

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Class Action

Unpacking the Mandament of Spolie

Introduction   The mandament van spolie (also known as the spoliation remedy, or the mandament) is an ancient remedy available to any person who is dispossessed unlawfully without a court order, or authorizing legislation for the dispossession, or consent.  Very basically, there are (generally speaking) two requirements that a dispossessed person needs to prove in order […]

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sale in execution

Challenging the Voetstoots Clause by seeking relief in terms of the Aedilitian Remedies

Introduction A defect is considered latent if it was not visible or discoverable upon reasonable inspection and the Purchaser was unaware of the defect. Though a latent defect may be present, it may not always amount to a breach of contract and the Seller in most instances remains victorious when the Purchaser wishes to cancel […]

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Case Study: Can the Tax Court Increase Penalties Issued by SARS?

Introduction Once the South African Revenue Services (‘SARS’) issues your business with a penalty relating to your Value Added Tax (‘VAT’) or Corporate Income Tax Returns (‘CIT’), would the Tax Court be able to increase such penalties if they are of the opinion that SARS were too lenient? The recently decided case of Purlish Holdings […]

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