For years South Africa has battled the plight of loadshedding. Despite many promises over the years for the issue to be addressed, loadshedding has become part of our daily lives. It was therefore encouraging when, on Wednesday 23 August, South Africa signed the Framework Agreement on Cooperation in Green Energy, a joint memorandum of cooperation
August 2023
Broad public interest remedies in market inquiries
In July 2023, the South African Competition Commission published its final report and decision in relation to its long-ongoing online intermediation platforms market inquiry. This is the first market inquiry to be completed following substantial amendments to the market inquiry provisions of the Competition Act which were aimed at increasing the Commission’s powers when conducting…
PAJA reviews are limited to the review grounds in PAJA
This blog was co-authored by Felix Le Roux, Candidate Attorney.
On 15 August 2023, the Constitutional Court dismissed an application for leave to appeal brought by a financial services provider (FSP) against a judgment of the High Court in review proceedings instituted by the FSP in terms of the Promotion of Administrative Justice Act, 2000…
Bankers blanket bond insurance
This insurance, so named because the word “blanket” indicates that the insurance covers the conduct of all the bank’s employees without listing them individually, dates back to 1911.
Bankers blanket bond insurance (BBB insurance) was pre-dated by a fidelity bond available to banks for named employees and providing cover for losses arising from hold-ups or…
Non-disclosure of termite infestation in house sale is not insured property damage and emotional distress exclusion applied (US)
The insured was sued by purchasers of his home for negligently or deliberately failing to disclose termite infestation at the time of the sale. He unsuccessfully sought cover under his homeowner insurance policy because the policy covered only property damage “due to an occurrence” whereas the property damage the purchasers experienced was not due to…
Loss of SA citizenship when acquiring foreign citizenship is irrational and constitutionally invalid
The Supreme Court of Appeal held in June 2023 that section 6(1)(a) of the South African Citizenship Act, 1995 by which South African citizenship is lost when acquiring citizenship of another country is constitutionally irrational and invalid . The section was declared invalid and citizens who lost their citizenship by operation of section 6(1)(a) are deemed not…
No wrongfulness by Education Department for omission as employer to prevent victimisation
In June 2023 the Supreme Court of Appeal held, on a number of grounds, that no wrongfulness had been established by a teacher who took early retirement allegedly because she had been victimised, suffered clinical depression and consequently retired early. The plaintiff had failed at the time of the alleged victimisation to pursue the grievance…
Anxiety leading to chocolate eating does not found a privacy invasion suit (US)
Access to drivers license numbers through an insurers “instant quote” website feature was held confirmed by a US appeal court to be no foundation for a claim for breach of privacy obligations because the claimants failed to show any concrete injury traceable or even possibly traceable to the disclosure. A complainant must plausibly allege concrete…
“Retrospective pension fund rule amendments not registered by FSCA do not bind members” says ConCourt
The Constitutional Court has provided much needed certainty to the retirement fund industry following the surprising April 2022 judgment of the Supreme Court of Appeal in Municipal Employees Pension Fund & Another v Pandelani Midas Mudau and Another.
On 02 August 2023, the Constitutional Court overturned the SCA judgment. The facts of the matter…
Director must refund defence costs to D&O insurer despite alleged partial success (US)
A Delaware bankruptcy judge held that a D&O insurer can clawback more than $6 million in advancements of costs to the director’s criminal defence lawyers even if some charges against the director were dropped for practical reasons, not because of the director’s innocence.
The case stems from the notorious conduct of the CEO of Insys Therapeutics…