Why Your AI Vendor Contract Is Probably a Liability – 7 Hard Truths from the Front Lines
Everywhere we look, every day, we see new AI tools competing for our attention. Whether it is social media or by word of
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Legal related articles for the public to read.
Can I Change My Will After Getting Married or Divorced in South Africa?
Marriage and divorce are two of the most significant life events that should prompt you to review your will. Your
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Mould, Damp and Landlord Liability: Who Is Responsible for Damage in a Rental Property?
Mould and damp are common sources of dispute between landlords and tenants. While the presence of mould may initially appear
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Caveat Subscriptor: The Contractual Straightjacket
The Latin maxim caveat subscriptor, meaning “let the signer beware”, represents an established principle of South African contract law. In its simplest form, the
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Suretyships in South Africa: What Are You Really Signing?
Janet Mc Intosh | SchoemanLaw Inc Category: Litigation and Dispute Resolution In simple terms, a suretyship is an agreement in
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When a Court Order Is Ignored: Understanding Contempt of Court in South African Law
A court order is not a suggestion. It is a binding directive issued by a court and must be obeyed
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Digital Dilemmas: Navigating Social Media Misconduct and Corporate Responsibility
Introduction In today’s hyper-connected world, the lines between personal expression and professional responsibility have never been more blurred. Social media
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Buying a Property in South Africa: What You Need to Know Before Signing an Offer to Purchase
Anastacia Willemse | SchoemanLaw Inc Category: Conveyancing and Property Law Introduction Buying a property is one of the most significant
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Rei Vindicatio, Fraudulent Disposition and the Limits of Possessory: Reflections on Grandeur Auto (Pty) Ltd v WesBank
anet Mc Intosh | SchoemanLaw Inc Category: Property Law Introduction Rei vindicatio remains one of the most important remedies available
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Liability in Cyberspace: Business Email Compromise and the Limits of Legal Duty
Introduction Few risks have transitioned as decisively from the technical domain into the legal sphere as business email compromise (“BEC”).
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When Is a Personal Post Actually an Advertisement?
Introduction Social media has blurred the line between personal opinion and commercial advertising. An influencer may post about breakfast, a
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What do Buyers of Businesses look for?
Category: Commercial Law | Contract Drafting When business buyers consider acquiring a business, they generally have two options available to
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When Can a Creditor Apply to Liquidate a Company? Understanding Your Rights Under South African Law
Anastacia Willemse | SchoemanLaw Inc Category: Commercial Law Introduction For many businesses, unpaid debts can significantly affect cash flow, operations, and long-term
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Your Website Has Five Legal Documents. Do You Actually Need Them?
Introduction Launching a website is an exciting milestone for any business. Whether you are selling products, offering professional services, or
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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Domain Name Disputes Unpacked
Category: Commercial and Technology Law?? In the digital economy, a domain name is often the first point of contact between
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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
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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
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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,
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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
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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,
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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
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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
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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
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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
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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
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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
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Protecting Minority Shareholders
In any company, shareholders invest their money and trust in the hope of a fair return and proper governance. While
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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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
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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.
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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
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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
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Consistency in Workplace Discipline
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal
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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
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