Tag: SchoemanLaw Inc

As technology continues to advance rapidly, governments worldwide are grappling with the need to regulate various aspects of the digital realm. South Africa, a leading economy on the African continent, has not been immune to this global trend.

An interdict can be a powerful remedy for enforcing and protecting one’s rights. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation.

With so many people using different platforms to connect and exchange information, social media has become an indispensable component of our personal and professional lives. However, as we have observed more frequently over the past few years, employees must exercise caution in what they post on social media because it may reflect poorly on the business they work for (employers themselves may be held liable), violate social media policies at work, and result in dismissal.

The Community Schemes Ombud Service is a regulatory body developed to assist with and resolve 'community scheme' related problems. The Community Schemes Ombud Service Act defines a community scheme as "any scheme or arrangement in terms of which there is shared use of and responsibility for parts of land and buildings, including but not limited to sectional titles development scheme, a share block company, a home or property 'owner's association, however constituted, established to administer a property development, a housing scheme for retired persons, and a housing co-operative as contemplated in the South African Co-Operatives Act".

The CCMA is tasked with resolving disputes between employers and employees through conciliation, mediation, and arbitration. However, there is a possibility that the commissioner could make a mistake during the process, which is why the grounds for reviewing a CCMA award are essential. This article will explore the grounds of review in the CCMA.

The Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, is a statutory body which aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.

Many litigants often find that getting recourse at court only partially resolves all issues between them. It usually calls for referring the matter back even after it was concluded and is typically where a contempt of court application would follow.

Are you aware that there is a prescription period for every claim? It would help if you were mindful of the prescription periods and how they apply to your claim. This article aims to explain the prescription periods, when they apply, and the exceptions to them. The prescription period is governed by the Prescription Act 68 of 1969 (the “Act”). 

An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.