The Insurance Bill [B1-2016] was tabled in parliament on 27 January 2016 and has been published by parliament.
Here is a link to the Parliamentary Monitoring Group which in turn will link you to the published version of the Bill (https://pmg.org.za/bill/625/).
No comment has been invited by parliament yet. The Bill is at
The Constitutional Court judgment in De Lange v Presiding Bishop of the Methodist Church of Southern Africa dealt with a number of interesting issues. One was whether good cause existed, as contemplated by the Arbitration Act, to set aside an arbitration agreement concluded between the parties.
Neither the Arbitration Act nor our courts have expressly
The Florida US Senate is pursuing an “Uber Bill” to set statewide insurance standards for the drivers of ride-hailing services. The legislation will set separate minimum coverage requirements for when drivers are personally using their vehicles and when drivers are logged into transportation network company apps. The Bill also sets out requirements to ensure that
Where a public authority seeks to coerce a person into compliance with an unlawful administrative act, that person can challenge the validity of the administrative act. This is called a collateral challenge.
The right to challenge the validity of an administrative act collaterally in response to threatened enforcement arises because the validity of the administrative
The parliamentary telecommunications and postal services portfolio committee will hold a meeting on “Over-The-Top” (OTT) services on 26 January 2016 with a view to possibly regulating them. Popular OTT services include WhatsApp, Google Hangouts and Skype. Some mobile networks feel it is unfair that these services generate profits by riding on the back of infrastructure
A US New Mexico federal court upheld an exclusion for pollution cover which excluded damage to property that the insured owns, rents or occupies including sums paid for the repair, restoration or maintenance of the property and paid to prevent injury to third party property.
The insured operated a ski resort under licence from the
Where a municipal tender had been withdrawn, a disappointed tenderer persuaded a high court to grant an order obliging the municipality to proceed with the tender. This order was set aside on appeal in City of Tshwane v Nambiti Technologies (Pty) Ltd because the courts should not intervene in such decisions and instruct government how
Decision-making powers granted by law to a government official must serve the particular purpose of the legislation that is the source of the power.
The person making the decision must take into account those things specifically required by the statute, must not consider anything which the statute identifies as irrelevant to the decision, and may
An arbitrator has no power to fix the scope of the arbitrator’s jurisdiction. Jurisdiction must be fixed by the terms of reference of the arbitration. Its scope must be objectively ascertainable in advance of the arbitration.
An arbitrator cannot make a decision conferring jurisdiction on the arbitrator that is not possessed in law. That is
A municipal tender provided that the municipality did not have to accept the lowest tender and was entitled to cancel the tender or reject all tender offers at any time before formation of a contract. It was held in City of Tshwane v Nambiti Technologies (Pty) Ltd that this was not administrative action and could