Buying Property Through a Company, Trust, or Personal Capacity: Which Option Is Right?
Introduction Deciding how to own immovable property is a pivotal step when making such a major financial or strategic investment whether
Read More
Bound by Its Own Process: Contractual Enforcement of Disciplinary Outcomes in Nkuna v Eskom Rotek Industries SOC Ltd
Introduction The relationship between contractual employment rights and statutory labour protections continues to present complex legal challenges within South African
Read More
Protecting your visitors’ personal data: New rules are coming for security complexes.
Introduction Security measures at gated sectional title complexes often require visitors to provide personal information before access is granted. While
Read More
Direct Marketing: A National Opt-Out System and the Effect on B2B Marketing
Introduction The Consumer Protection Act Amendment Regulations, 2026 (the “Amendment Regulations”) introduces a structured, centrally administered process for the regulation
Read More
What Happens If a Parent Refuses Access?
A South African family law overview. Introduction When parents separate, the arrangements relating to a child’s care and contact should
Read More
Is Your Business Actually Investable? What every South African entrepreneur needs to know before approaching investors or banks
You have a great idea. Maybe you have already started. You have customers, a plan, maybe even a few months of revenue. Now you
Read More
The Importance of Pre-Emptive Rights in Private Companies
Introduction The operation of a private company often involves a delicate balance between commercial objectives and interpersonal relationships among shareholders. While business
Read More
Smart contracts in South Africa: Legal Recognition, Challenges and the Future of Automated Agreements
Introduction Digital innovation is transforming the way agreements are concluded and enforced, with smart contracts emerging as one of the most notable developments. These self-executing
Read More
Negotiating Fair Parenting Arrangements in Relocation Disputes: Balancing Opportunity, Stability, and the Best Interests of the Child
Introduction Relocation disputes are among the most emotionally charged and legally complex matters in family law. They often arise when
Read More
8 Hidden Contract Clauses That Can Cost Your Business Dearly
Category: Commercial Law | Contract Law Introduction Most business owners focus on the commercial points in a contract first: price,
Read More
Domain Name Disputes Unpacked
Category: Commercial and Technology Law?? In the digital economy, a domain name is often the first point of contact between
Read More
Mortgage and Bond Issues with Co-Owned Property: What Lenders Require & Co-Owner Obligations
Introduction Co-ownership of property is increasingly common in South Africa, whether between family members, partners, or business associates. When property is
Read More
The Expanded Definition of “Employee” in South African Labour Law:
Introduction The publication of the Employment Laws Amendment Bill, 2025 and the Labour Relations Amendment Bill, 2025 on 26 February 2026 marks a significant development
Read More
Artificial Intelligence in Education: Why South African Schools and Universities Must Adapt
Introduction Artificial intelligence (“AI”) is no longer a distant technological concept; it has become an everyday tool in workplaces, homes,
Read More
Employee Incentives and Phantom Share Schemes in South Africa
Introduction As competition for skilled employees intensifies across South Africa, businesses are increasingly exploring innovative methods to attract, retain, and motivate
Read More
Alternative Dispute Resolution in Sectional Title Schemes: Practical Solutions Beyond Litigation
Category: Property Law Introduction Disputes in sectional title schemes are almost inevitable. With multiple owners living in close proximity and sharing financial,
Read More
Smart contracts in South Africa: Legal Recognition, Challenges and the Future of Automated Agreements
Introduction Digital innovation is transforming the way agreements are concluded and enforced, with smart contracts emerging as one of the most notable developments. These self-executing
Read More
Cyber Breach? How you respond determines liability
A data breach is no longer, in itself, the event that exposes a business to the greatest legal risk. Under South Africa’s
Read More
AI Influence on Contract Negotiation Norms
Artificial intelligence (AI) is increasingly shaping how businesses negotiate contracts. From analysing historical agreements to identifying potential risks and suggesting
Read More
Summary Dismissal in Employment Law: Legal Foundations, Principles, and Practical Implications
Introduction Summary dismissal, often referred to as instant dismissal, represents one of the most severe disciplinary measures available to employers. Its defining characteristic is
Read More
Data Breach Reporting Responsibilities and Penalties in South Africa: What Businesses Need to Know
Category: Commercial and Technology Law In today’s digital economy, no business is immune from cyberattacks or data breaches. Whether caused by
Read More
Cloud Services Agreements: Ensuring Compliance and Protecting Clients
Category: Technology Law, Smart Contracts and Cyber Law Introduction Cloud computing is integral to modern business operations, offering flexibility, scalability, and
Read More
Protecting Minority Shareholders
In any company, shareholders invest their money and trust in the hope of a fair return and proper governance. While
Read More
Working from Home in Sectional Title Schemes: Legal Boundaries and Risks of Eviction
Introduction The rise of remote work has transformed how South Africans live and do business. What began as a necessity
Read More
The Conveyancer’s Duty of Care: Mitigating Risk in Property Transfers
Introduction The conveyancer plays a pivotal role in ensuring the smooth and legally compliant transfer of property. Beyond administrative tasks,
Read More
Navigating the Bond Cancellation Process in South Africa: From Standard Procedure to the Complexities of Bona Vacantia Bonds
Introduction The cancellation of a mortgage bond is a critical, yet often misunderstood, component of property transactions in South Africa. Many sellers
Read More
Servitude of Right of Way
Category: Property and Contract Law A servitude of right of way is a legal tool that allows someone who does
Read More
Spousal Maintenance Explained – Understanding Your Rights In Terms Of Spousal Maintenance
Introduction Divorce is not just an emotional journey; it is a financial one as well, of which one of the most
Read More
Responsible AI Use in South African Legal Practice: A Call for Ethical Guidelines
Introduction Artificial intelligence is rapidly reshaping legal practice worldwide, and South Africa is no exception. From AI-assisted legal research to
Read More
Understanding the Legal Landscape of Restraint of Trade in South Africa: Balancing Business Protection and Employee Rights
In the modern South African business environment, intellectual property, proprietary knowledge, and established client relationships are increasingly vital assets. As
Read More
Cyberbullying in South African Schools: Disciplinary Hearings and Prevention
Cyberbullying has become one of the most pressing challenges facing South African schools. Unlike traditional bullying, it is not confined
Read More
What It Means When a Financial Services Provider’s (FSP) License Is Suspended
Category: Commercial Law Financial Services Providers (“FSPs”) play a crucial role in delivering financial advice and intermediary services. To operate
Read More
Smartphones in Schools: The Legal and Policy Imperatives for South African Schools
Introduction Smartphones have become ubiquitous in South African society, and schools are no exception. While these devices offer educational opportunities
Read More
A Tide Turns – Western Cape High Court Sets Aside Offshore Drilling Authorization in Landmark Environmental Ruling
Judicial Scrutiny and the Precautionary Principle in Action In a major victory for environmental accountability and community rights, the Western
Read More
The Rise of the Gig Economy in South Africa: Challenges, Opportunities, and Legal Implications
Introduction The dynamics of the South African labour market have undergone profound shifts in recent years. Contributing factors include rapid
Read More
AI Voice Cloning – When Your Voice is no Longer Yours
AI-powered voice cloning has moved from science fiction to reality, almost overnight. From deepfakes mimicking celebrities to cloned customer service
Read More
Review Applications in South African Labour Law: Legal Constraints and Procedural Discipline
This article examines the legal and procedural framework governing the review of arbitration awards issued by the Commission for Conciliation,
Read More
Suretyships in Commercial Contracts: What Every Business Should Know
Category: Commercial Law | Litigation Introduction Suretyship agreements are a common feature of commercial transactions in South Africa, offering businesses
Read More
Parental Alienation in South Africa: A Silent Form of Emotional Abuse in Family Law Disputes
Introduction Parental alienation, a phenomenon where one parent intentionally undermines or damages a child’s relationship with the other parent, is
Read More
Consistency in Workplace Discipline: Balancing Fairness and Discretion
Ross Hendriks | SchoemanLaw Inc Category: Employment Law Introduction Consistency in workplace discipline is a fundamental element of substantive fairness.
Read More
Practical Guide to Navigating the Exchange of Competitively Sensitive Information
In today’s fast-moving business world, staying competitive often requires companies to gather market insights. However, when these insights involve sharing
Read More
Contractual Capacity: Implications for Minors and Incapacitated Parties in South Africa
Introduction In contract law, the capacity to contract is a cornerstone principle that determines the validity and enforceability of agreements.
Read More
Essential guide for Founders and Managing Directors: Navigating POPIA – The Role and Responsibility of the Information Officer
In today’s data-driven world, compliance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) is not only a
Read More
Navigating Harassment in the Modern Workplace: A Comprehensive Guide to Legal and Ethical Obligations
Introduction In today’s complex work environment, ensuring a safe, dignified, and respectful atmosphere is not only a moral imperative but
Read More
Consistency in Workplace Discipline
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal
Read More
Workplace Mediation: A New Era in Conflict Resolution
Introduction In the modern workplace, where collaboration and teamwork are paramount, unresolved conflicts can erode relationships, hamper productivity, and inflate
Read More
Intellectual Property: A Content Creator’s Biggest Asset in the Digital Age
Introduction The 21st century has seen the rise of a new era of creators of millennials and Gen Z content
Read More
The Risk of Misclassifying Employees as Independent Contractors
Misclassifying workers as independent contractors instead of employees can expose employers to serious risks, both from a labour law and
Read More
Intellectual Property: A Content Creator’s Biggest Asset in the Digital Age
Category: Social Media Law Introduction The 21st century has seen the rise of a new era of creators of millennials
Read More
Legal Strategies for Succession Planning – Blending Family and Business
Category: Commercial Law | Wills and Estate Planning When a company shareholder passes away, several questions arise regarding the fate
Read More
Legal Obligations Under the Employment Equity Act: Developing Effective Employment Equity Plans
Category: Employment Law Introduction The Employment Equity Act 55 of 1998 (EEA) serves as a legislative tool aimed at promoting
Read More
Why Documenting Processes Before Hiring Is Key
Category: Commercial Law | Contract Law When you’re running a business, it’s your creation—each ingredient should be meticulously chosen and
Read More
Preserving Shareholder Power: The Role of Pre-Emptive Rights Under South Africa’s Companies Act 71 of 2008
Introduction In corporate governance, the protection of shareholder rights is fundamental. Among the legal mechanisms that safeguard these rights, pre-emptive
Read More
Partnership Agreements
Introduction A partnership is concluded through a contract between two or more individuals. There is no limit on the maximum
Read More
AI – Enhancement or Unprecedented Legal Risk?
Category: Commercial Law | Technology Law Artificial Intelligence (AI) is revolutionising various sectors globally, from enhancing business efficiencies to providing
Read More
Harnessing the Power of Provisional Sentence Procedure in South African Law
Category: Civil Litigation | Civil Litigation Introduction In South African procedural law, the provisional sentence procedure is a highly effective
Read More
Navigating The Legal Landscape of Intellectual Property, Data Privacy, And Artificial Intelligence In South Africa
In the rapidly evolving digital era, businesses in South Africa face unique challenges and opportunities related to intellectual property (IP),
Read More
Understanding Court-Ordered Costs in South Africa: A Comprehensive Guide
Introduction In the realm of litigation, the issue of costs can often be as crucial as the outcome of the
Read More
The Crucial Role of Laws of Evidence in South African Litigation: Deciding the Fate of a Case
Introduction In the realm of South African law, the pursuit of justice is intricately woven into the fabric of the
Read More
Understanding the Alter Ego of a Trust
A trust is a widely used legal entity for various purposes, including estate planning, asset protection, and the management of
Read More