The FSB’s Reinsurance Regulatory Review Position Paper in September 2016 sketches a reinsurance regime by which foreign reinsurers wishing to reinsure South African risks will have to register as a licensed branch in South Africa unless the foreign reinsurer is regulated by a country with an equivalent regulatory framework according to the FSB. Presumably the
January 2017
Setting aside CCMA decision for unreasonableness
The Constitutional Court has reaffirmed that a decision reached by a commissioner in the CCMA can be set aside if it is one that a reasonable decision-maker could not reach. Applying this test gives effect not only to the constitutional right to fair labour practices, but also to the right to administrative action which is…
Public participation in the legislative process
A law will be set aside if the lawmaker (Parliament or the National Council of Provinces) fails to satisfy its obligation to facilitate public involvement in the process of making law.
In Land Access Movement of South Africa v Chairperson of the National Council of Provinces, Parliament passed a law amending the restitution of…
Fit and proper tooth whitening
Oral hygienists may perform tooth whitening procedures only if they have received adequate education and training on the procedure at an institution accredited by the Professional Board for Dental Therapy and Oral Hygiene (PBDOH).
The Health Professions Council of South Africa (HPCSA) has confirmed the decision by the PBDOH that oral hygienists who have not…
Section 61 CPA liability only attaches to a supplier-consumer relationship
A cyclist who suffered electrical burns after coming into contact with a low-hanging powerline had not entered into a transaction with Eskom, nor was he the beneficiary of the electricity supplied. There was no supplier-consumer relationship, as required for a product defect claim under s61(1)(b) of the Consumer Protection Act 2008. This was the finding…