A recycling company (materially represented) that its recycling was 80% aluminium, 20% iron/steel with small amounts of non-metals when in fact plastics and paper exceeded 50% of the recycling. It was held that the insurer had waived its right to rescind the policies because it failed to investigate information revealing a different story from that
The Cybercrimes and Cybersecurity Bill [B-2015] has been published for comment together with a discussion document.
The intention is to create 20 new cybercrime offences including data access and data use, computer-related fraud, terrorism and a number of other crimes committed by means of a computer, prohibited hate speech and incitement to violence, infringement
The Ancillary Services Agreement (ASA) was introduced in briefing note 4 of the Coal Baseload IPP Procurement Programme (the Baseload RFP). The ASA will be entered into by Eskom with each seller of power generated from coal IPP power stations being developed under the Baseload RFP, in parallel with a power purchase agreement with Eskom.
The municipality in Strata International (Pty) Ltd v Ekurhuleni Metropolitan Municipality passed a resolution to approve the alienation of municipal land that was going to be developed as a township. The resolution was not passed in the manner required by the Local Government Ordinance with prior public notice of the intention to pass it. The
If a financial services provider debars one of its representatives in terms of section 14(1) of the FAIS Act 2002 on grounds relating to honesty and integrity, the debarment means that the representative is debarred on an industry-wide basis from rendering financial services to the investing public. This issue was dealt with by the Supreme
When a debtor received a demand to repay the balance of a R10 million loan it replied that it “would like to make a settlement proposal” but the company was “struggling to turn the business around”. It was held in Absa Bank Limited v Hammerle Group (Pty) Limited that this letter was not only an
Where an FSP takes action to debar a representative, the representative must be given the right to make submissions in their defence. The representative must be put in possession of information that will render the right to make representations real. The nature of the charges against him or her have to be spelt out. Secondly,
Bartering, the ancient and original form of trading used before the introduction of legal tender, allows parties to dispense with cash but still be able to acquire the goods and services they require. Tough economic times across the globe have seen an increase in trading by bartering. Bartering is making a comeback!
Bartering consists of
In a recent decision the Constitutional Court reminded us that where there is a constitutional issue there is a new approach to interpreting statutes. The courts must seek an interpretation that promotes the spirit, purport and objects of the Bill of Rights.
The courts will apply a generous construction over a merely textual or legalistic
In a judgment handed down by the High Court on 19 August 2015, Norton Rose Fulbright successfully assisted the insurer in a challenge to the insurer’s avoidance of the policy issued to the insured.
The judgment confirms that cancellation of the insured’s policy by its previous insurer due to non-payment of premiums ought to