In April 2023 the Supreme Court of Appeal confirmed that a tenant may claim a remission of rental where vis major interferes with the tenant’s beneficial use and enjoyment of the property, unless the terms of the lease provide otherwise. However, if the premises are sub-let there will be no interference with the head tenant’s
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended.
Following unsuccessful claims in both the Labour Court and Labour Appeal Court, the union applied
This blog was co-authored with Julian Scholtz, Candidate Attorney.
While the Protection of Personal Information Act, 2013 (POPIA) is widely accepted as the primary legislation dealing with the processing of personal information, it is important for financial service providers (FSPs) to take note of their duties in the Financial Advisory and Intermediary Services
Volume 12 of Norton Rose Fulbright’s Big Read Book series is now out. It is a comprehensive review of judgments dealing with the quantum for damages in medical malpractice cases and which can be found here.
This volume reviews proof of special damages including contingency deduction, life expectancy and loss of earnings. We look
On 18 April 2023, the Financial Sector Conduct Authority published its first Regulatory Actions Report, covering the period 1 April 2022 to 31 March 2023. The Report highlights enforcement action taken during the reporting period, with a view to not only deterring unlawful conduct, but also to create awareness of regulatory requirements.
Some of the
The social aspect of environmental, social and governance (ESG) is an essential component of a sustainable business practice providing sustainability, and perhaps it is even more important than the environmental aspect. This article focuses on the ‘S’ in ESG, and its importance in South Africa.
The adoption and implementation of ESG practices has become increasingly
In early 2015, the Borrower approached his long-standing friend to borrow money which totalled R2.5 million. The money was lent to him in five unequal instalments. The Borrower drew up an acknowledgement of debt (first AOD) which covered the first two advances in the amount R1.2 million. A second acknowledgement of debt (second AOD) was
This blog was co-authored with Maano Manavhela, Candidate Attorney.
In this case, the applicant (Eskom’s captive non-life insurer) applied to the Financial Services Tribunal for the reconsideration of a R5 million penalty imposed by the Prudential Authority. The insurer was fined R5 million for contravening the Insurance Act and two of the Prudential Authority
This interesting judgment dealt with a bomb which was dropped by hostile German forces in Exeter in 1942. The bomb did not explode and lay undiscovered until 2021 when it was unearthed during building works. Bomb disposal experts were called in.
They decided that the bomb could not safely be diffused nor moved and detonated
A High Court judgment in March 2023 applied good law and common sense in finding that a loan between parties who had a closely knitted friendship was not an arms’ length transaction and was therefore not governed by the National Credit Act, 2005 (NCA).
A credit transaction is not governed by the NCA if the