November 2020

On 20 November 2020, the Financial Sector Conduct Authority issued a draft Declaration of Crypto Assets as a Financial Product under the Financial Advisory and Intermediary Services Act 2002 (FAIS Act). The Declaration will be made in terms paragraph (h) of the definition of ‘financial product’ in the FAIS Act, which provides that a financial

The Supreme Court of Appeal found that the Provincial MEC for Social Development was not liable for the injury of a child in the playground of a nursery school operated by an NGO in the province. The school was treated as if registered under the Child Care Act 1983 because the incident occurred in 2008

Where a person is granted a right of pre-emption or right of first refusal and the grantor breaches the right (by selling or otherwise granting it to a third party), the so-called Oryx mechanism comes into place and the holder of the right steps into the shoes of the person to whom the right was

At common law when a wrong is done to a company only the company can sue for the damage caused to it.

That does not mean that the shareholders of the company may not consequentially suffer any loss (what is known as a reflective loss). Any negative impact the wrongdoing has on the company is

A healthcare practitioner, who is the subject of malicious HPCSA proceedings, may institute a damages claim for malicious prosecution against the complainant who initiated the proceedings within three years from the date the HPCSA informs the practitioner of its decision to dismiss the complaint.

The claim only arises, and prescription starts to run, from the

In the February 2020 Budget, the Minister of Finance, Tito Mboweni stated that the current exchange control regulations will be replaced with new less stringent regulations. On 28 October 2020, it was announced that the government will be pursuing steps to promote investment into South Africa. The following measures were announced:

Inward listing

All remaining

For international commercial contracts subject to an arbitration agreement to resolve disputes (including insurance or reinsurance agreements), two systems of national law may be engaged:

  • The law governing the contract from which the dispute has arisen.
  • The law governing the arbitration. That is usually the law of the seat of the arbitration – the place