Innocent over-valuation of insured property may entitle insurers to avoid a policy on grounds of material non-disclosure. There are no South African judgments on the point but an English court, dealing with a claim for a constructive loss of a super-yacht, “The Galatea“, reluctantly confirmed it was possible.
Medical scheme rules may have no application if they fail to fulfil statutory law. The relationship between medical schemes and their members is not only governed by the medical scheme rules but primarily by obligations imposed by statute.
The public policy considerations taken into account in the Medical Schemes Act which give rise to prescribed
The Paris Agreement signed on 12 December 2015 is being widely proclaimed as a historic deal that will lead to decarbonisation. The agreement signals a shift to a low carbon, better future.
The agreement will affect numerous sectors including energy, transport, mining, agribusiness, infrastructure and finance.
The Minister has again exempted certain private bodies from the obligation to compile a manual under the Promotion of Access to Information Act 2000 (PAIA) until 31 December 2020.
This extends the period granted under the previous notice which expires on 31 December 2015.
Section 51 of PAIA requires the head of a private body
The Constitution establishes government at three levels. The principle of cooperative government devolves legislative and executive powers among three distinctive spheres of government: national, provincial and municipal. Each sphere has autonomous powers and responsibilities working together with the others to ensure that government as a whole meets its constitutional responsibilities. Only in rare situations can
A California court has ruled that Bill Cosby’s insurer cannot rely on a homeowner policy exclusion barring coverage for claims “arising out of” alleged sexual misconduct. Cosby was sued for defamation because he called the plaintiffs liars when they publicly alleged he had raped them.
The court found the use of the phrase “arising out
The Supreme Court of Appeal has reminded us that a simulated transaction is one where all the parties to the intended contract disguise the true nature of the transaction. Where one party fraudulently causes the other party to enter into a transaction different from what they thought it was, it is an invalid transaction, not
A statute should be construed to conform with the common law unless the statute itself evidences a plain intention on the part of the legislature to change the common law.
This observation was made in Engen Petroleum Limited v The Business Zone 1010 CC t/a Emmarentia Convenience Centre. The court found that section 12B
All laws and court orders must be written in a clear and accessible way. Vague laws or court orders violate the rule of law, which is a founding principle of our Constitution.
In Minister of Water and Environmental Affairs v Kloof Conservancy, the Supreme Court of Appeal set aside part of a court order