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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Blog
Legal related articles for the public to read.
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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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
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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
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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
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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
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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
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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
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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
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Partnership Agreements
Introduction A partnership is concluded through a contract between two or more individuals. There is no limit on the maximum
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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
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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
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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),
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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
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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
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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
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Technology Dispute Resolution and Arbitration
Introduction Technology-related disputes are becoming increasingly common in South Africa, and traditional court-based dispute resolution mechanisms may not always be
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Navigating Ex Parte Applications In South African Legal Proceedings
Introduction In the realm of legal proceedings within South African courts, the utilisation of ex parte applications holds paramount importance,
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Time Barring – B-BBEE Commission
The B-BBEE Commission (the “Commission”) is empowered in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003 (the
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Aquilian Liability for Unlawful Competition in South African Law
Introduction Aquilian liability, deeply rooted in South African law, serves as a vital mechanism to address unlawful competition. This legal
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The Legal Landscape of Influencer Marketing in South Africa
In recent years, South Africa has witnessed a surge in the influencer marketing industry. With the rise of social media
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Navigating the Legal Aspects of Online Contracts and Privacy in the South African Digital Sphere
Introduction The digital revolution has completely transformed business operations, ushering in an unparalleled online transactions and e-commerce era. With this
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How an Emoji Can Be a Contract
Introduction As technology evolves, so does the way we communicate and conduct business. In today’s digital age, emojis have become
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Legal Perspective Understanding the Various Cost Order Types under South African Law
Introduction The question of costs can be fundamental in South African legal processes since it decides who would be accountable
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Unlocking Success Through Accurate Scope Definition
Introduction Effective project management is crucial for legal practitioners to deliver high-quality work that exceeds client expectations in the dynamic
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Legal Perspective on Emerging Technologies: Navigating the Complexities
Introduction Emerging technologies, such as artificial intelligence (AI), virtual reality (VR), and the Internet of Things (IoT), are transforming industries
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