Minde Schapiro & Smith Inc

Minde Schapiro & Smith Inc Mindes Attorneys is one of the leading firms in the Tyger Valley area of Cape Town, South Africa.

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or ElseRead more: https://mindes.co.za/news/bodies-corpor...
02/06/2026

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else
Read more: https://mindes.co.za/news/bodies-corporate-and-hoas-apply-your-rules-with-common-sense-or-else

The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.

A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.

As winter approaches, our team at Minde Schapiro & Smith wanted to do more than just talk about making a difference, we ...
29/05/2026

As winter approaches, our team at Minde Schapiro & Smith wanted to do more than just talk about making a difference, we wanted to show up for our community. 🧡

We're so proud to have participated in the MES Parow Centre of Hope Blanket Drive, contributing blankets to help keep vulnerable members of our community warm this coming season.

To everyone who made this possible, thank you! Every single blanket represents a person who will sleep a little warmer this winter, and that means everything.

Bad Manager or Workplace Bully? Where the Law Draws the LineRead more: https://mindes.co.za/news/bad-manager-or-workplac...
25/05/2026

Bad Manager or Workplace Bully? Where the Law Draws the Line
Read more: https://mindes.co.za/news/bad-manager-or-workplace-bully-where-the-law-draws-the-line

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?

A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

WE ARE HIRING: Junior Litigation Associate Legal PractitionerWe are looking for an energetic, driven Junior Litigation A...
22/05/2026

WE ARE HIRING: Junior Litigation Associate Legal Practitioner

We are looking for an energetic, driven Junior Litigation Associate Legal Practitioner to join our team.

What we are looking for in our ideal candidate:

- 3–4 years’ solid experience in High Court and Magistrate’s Court litigation.

- Sharp attention to detail — meticulous and thorough in every aspect of your work.

- Resilience — the ability to thrive under pressure and hit demanding deadlines.

- High work ethic — reliable, professional, and dedicated to exceptional standards.

How to Apply:
If you are ready to take the next step in your litigation career with us, please submit your application via email to E Jonker at:

đź“§ [email protected]

Learn more about us at www.mindes.co.za.

Please note: Only shortlisted candidates will be contacted.

Reckless Lending: You Could Lose EverythingRead more: https://mindes.co.za/news/reckless-lending-you-could-lose-everythi...
20/05/2026

Reckless Lending: You Could Lose Everything
Read more: https://mindes.co.za/news/reckless-lending-you-could-lose-everything

Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.

If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs.

Why did that happen and how can you, as a lender, avoid the same fate?

She Fell Out of a Safari Vehicle: When Disclaimers FailRead more: https://mindes.co.za/news/she-fell-out-of-a-safari-veh...
12/05/2026

She Fell Out of a Safari Vehicle: When Disclaimers Fail
Read more: https://mindes.co.za/news/she-fell-out-of-a-safari-vehicle-when-disclaimers-fail

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.

These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

Today we celebrate Freedom Day and the resilience that made our democracy possible. Let’s honour those who paved the way...
27/04/2026

Today we celebrate Freedom Day and the resilience that made our democracy possible. Let’s honour those who paved the way.


Beyond Your Will: Leaving a LegacyRead more: https://mindes.co.za/news/u223k64gxtasyw08fjbfmozxav2ib8Your will must alwa...
21/04/2026

Beyond Your Will: Leaving a Legacy
Read more: https://mindes.co.za/news/u223k64gxtasyw08fjbfmozxav2ib8

Your will must always lie at the heart of your estate planning. But don’t concentrate solely on the financial wellbeing of your family after you are gone.

The personal legacy you leave them is also important. It focuses on your family’s values, history and heritage, supporting your heirs in living their lives to the fullest while preserving and enjoying the material wealth they inherit from you. But how do you create a personal legacy that will last for generations, and how does this fit into your overall estate planning? We share some practical suggestions on how to get started...

Considering Using Sequestration to Recover Levies? Think AgainRead more: https://mindes.co.za/news/considering-using-seq...
15/04/2026

Considering Using Sequestration to Recover Levies? Think Again
Read more: https://mindes.co.za/news/considering-using-sequestration-to-recover-levies-think-again

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step.

But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

Director Delinquency Declarations: Managing Your RiskRead more: https://mindes.co.za/news/director-delinquency-declarati...
09/04/2026

Director Delinquency Declarations: Managing Your Risk
Read more: https://mindes.co.za/news/director-delinquency-declarations-managing-your-risk

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences.

We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level.

We’ll end by sharing some thoughts on how you can manage those risks.

Address

Tyger Valley Office Park, Building 1, Cnr. Old Oak Rd, Willie Van Schoor Avenue
Bellville
7530

Opening Hours

Monday 08:30 - 16:30
Tuesday 08:30 - 16:30
Wednesday 08:30 - 16:30
Thursday 08:30 - 16:30
Friday 08:00 - 16:00

Website

https://www.mindes.co.za/notable-cases/, https://www.mindes.co.za/news

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