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The Minister of Trade and Industry gazetted the Information and Communication Technology’s (“ICT”) Sector Code for black economic empowerment (“BEE”) in terms of Section 9(1) of the Broad-Based Black Economic Empowerment (“BBBEE”) Act 53 of 2003 as amended, on 6 June 2012.  At  this stage, this ICT Sector Code (“Code”) is legally binding on entities in the ICT Sector from the date of gazette to 31 April 2026 with a mid-term five year review.

The ICT BBBEE Code – What you need to know!

The Minister of Trade and Industry gazetted the Information and Communication Technology’s (“ICT”) Sector Code for black economic empowerment (“BEE”) in terms of Section 9(1) of the Broad-Based Black Economic Empowerment (“BBBEE”) Act 53 of 2003 as amended, on 6 June 2012. At this stage, this ICT Sector Code (“Code”) is legally binding on entities in the ICT Sector from the date of gazette to 31 April 2026 with a mid-term five year review.

Objectively speaking, no person must be allowed to get enriched at the expense of another whether by intent or mistake. In principle, when a person has been impoverished without justification, they can institute an action for restitution. South African law provides relief when one person’s estate is enriched at the expense of another. This relief is called the “Unjustified Enrichment”

Unpacking the Basic Requirements for Unjustified Enrichment

Objectively speaking, no person must be allowed to get enriched at the expense of another whether by intent or mistake. In principle, when a person has been impoverished without justification, they can institute an action for restitution. South African law provides relief when one person’s estate is enriched at the expense of another. This relief is called the “Unjustified Enrichment”

It is often scary to think about the future wellbeing of one’s children and/or grandchildren, once you no longer around. Individuals tend to ensure that their children and/or grandchildren are protected and catered for in their Last Will and Testaments. But what is the position when it comes to unborn children? Are they entitled to inherit? What is the position when there is no Last Will and Testament?

Circumstances in which an unborn child can inherit from a Deceased Estate - SchoemanLaw Inc

Introduction It is often scary to think about the future wellbeing of one’s children and/or grandchildren, once you no longer around. Individuals tend to ensure that their children and/or grandchildren are protected and catered for in their Last Will and Testaments. But what is the position when it comes to unborn children? Are they entitled […]

The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what the implications of this new Bill are, and what changes it might bring about

Overview of the Property Practitioners Bill

The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what the implications of this new Bill are, and what changes it might bring about

oday one often hears of complaints of nuisances to one’s property whether residential or commercial. However, what exactly does the law recognize as a nuisance, and what are the possible remedies available? This article will briefly explore what constitutes a nuisance and the requirements.

Neighbour law: what constitutes a nuisance

oday one often hears of complaints of nuisances to one’s property whether residential or commercial. However, what exactly does the law recognize as a nuisance, and what are the possible remedies available? This article will briefly explore what constitutes a nuisance and the requirements.

On Thursday 28 March 2019, The National Council of Provinces voted to pass the Copyright Amendment Bill (“the Bill”) and the President must now sign it into law. The commencement date has yet to be published in the Government Gazette

Key Changes introduced by the Copyright Amendment Bill

On Thursday 28 March 2019, The National Council of Provinces voted to pass the Copyright Amendment Bill (“the Bill”) and the President must now sign it into law. The commencement date has yet to be published in the Government Gazette

When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the waters.’ Probation can be best described as a trial period during which a new Employee’s performance can be evaluated.

Probation

When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the waters.’ Probation can be best described as a trial period during which a new Employee’s performance can be evaluated.

One of life’s few certainties is the payment of taxes. Bearing that in mind, we should ensure that we never find ourselves in a predicament to have an outstanding account with the taxman in the first place, which of course, is sound advice. In cases of liquidation, we know that the South African Revenue Service (“SARS”) is a preferential creditor and therefore gets paid before any other creditor.

So, you owe the taxman?! For how long can you be held liable?

One of life’s few certainties is the payment of taxes. Bearing that in mind, we should ensure that we never find ourselves in a predicament to have an outstanding account with the taxman in the first place, which of course, is sound advice. In cases of liquidation, we know that the South African Revenue Service (“SARS”) is a preferential creditor and therefore gets paid before any other creditor.

Women married in terms of Muslim rites and children born of these marriages have had little protection of their rights especially when navigating divorce and inheritance. While the Shariah Law includes procedures and prescripts relating to the rights of women and children and the protection of their patrimonial interests, the application of these laws are not possible under current South African legislation.

The clock is ticking for Muslim Marriages Bill to be passed

Women married in terms of Muslim rites and children born of these marriages have had little protection of their rights especially when navigating divorce and inheritance. While the Shariah Law includes procedures and prescripts relating to the rights of women and children and the protection of their patrimonial interests, the application of these laws are not possible under current South African legislation.

Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements. With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone or something to join together and claim redress in a single action.”

The Requirements to bring a Class Action in South Africa

Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements. With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone or something to join together and claim redress in a single action.”

It is common for people to become registered owners of Immovable Property during their respective lifetimes. However, what happens to the Immovable Property when these individuals pass away?  In South Africa, when the registered owner of Immovable Property has died, his/her property will need to be transferred to another person. Most registered owners die leaving their assets, including their Immovable Properties to loved ones in terms of their Last Will and Testaments.

Overview: Transfer of Immovable Property in a Deceased Estate

It is common for people to become registered owners of Immovable Property during their respective lifetimes. However, what happens to the Immovable Property when these individuals pass away? In South Africa, when the registered owner of Immovable Property has died, his/her property will need to be transferred to another person. Most registered owners die leaving their assets, including their Immovable Properties to loved ones in terms of their Last Will and Testaments.

According to the Gartner 2018 State of the Legal Function Survey, 43% of the companies surveyed expected to increase their expenditure on Legal IT Systems or Software by 10% or more over the following three years. This next step in business technology has been taken seriously by some bigger companies with recent developments occurring to support the focus of streamlining various business processes using Blockchain technology

Blockchain: The Future of Contracting and its Legal Enforcement

According to the Gartner 2018 State of the Legal Function Survey, 43% of the companies surveyed expected to increase their expenditure on Legal IT Systems or Software by 10% or more over the following three years. This next step in business technology has been taken seriously by some bigger companies with recent developments occurring to support the focus of streamlining various business processes using Blockchain technology

n the digital age, everyone is more connected than ever before. This means that we all have access to an audience we have not previously been able to access. This is more so in the case of raising funds. Many Entrepreneurs have great ideas for businesses but require capital. Many now make use of Crowdfunding as a means to raise capital and finance their businesses.

Crowdfunding in South Africa

n the digital age, everyone is more connected than ever before. This means that we all have access to an audience we have not previously been able to access. This is more so in the case of raising funds. Many Entrepreneurs have great ideas for businesses but require capital. Many now make use of Crowdfunding as a means to raise capital and finance their businesses.

It is every Employer’s wish to maintain order within the workplace and to give all Employees a chance to correct their actions when disciplinary issues arise.  However, inevitably so, there may come a time when an Employer has to undergo the unpleasant experience of having to issue a written warning to an Employee.   This article will briefly discuss some of the essential aspects concerning written warnings.

Important Aspects Concerning Written Warnings

It is every Employer’s wish to maintain order within the workplace and to give all Employees a chance to correct their actions when disciplinary issues arise. However, inevitably so, there may come a time when an Employer has to undergo the unpleasant experience of having to issue a written warning to an Employee. This article will briefly discuss some of the essential aspects concerning written warnings.

In the last few years, the tech boom has been changing the traditional norms of society, affecting everything from how we travel to how we handle our personal or business affairs. Considering how influential it has become, the Government has been placing importance on moving towards tech regulation. Regulation would support the growth of possible socio-economic game-changer businesses while protecting the interests of consumers engaging with an e-commerce business.

Overview of South Africa’s Move Towards Tech Regulation In 2019

In the last few years, the tech boom has been changing the traditional norms of society, affecting everything from how we travel to how we handle our personal or business affairs. Considering how influential it has become, the Government has been placing importance on moving towards tech regulation. Regulation would support the growth of possible socio-economic game-changer businesses while protecting the interests of consumers engaging with an e-commerce business.

Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It informs whether the intended target market is a consumer at the particular centre and what the return on investment is likely to be.

The Landlord’s role in exclusivity and anti-competitive clauses in retail lease agreements

Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It informs whether the intended target market is a consumer at the particular centre and what the return on investment is likely to be.