In a March 2025 Judgment, the High Court addressed the issue of whether the Eastern Cape Department of Health could satisfy a final court order for the payment of damages in instalments instead of a lump sum. The court found that the defendant cannot satisfy a court order in periodic payments.
The plaintiff, BN, acting
This blog is co-authored by William Hayne and Francisco Andrade Nobrega, candidate attorneys.
In April 2025 the Supreme Court of Appeal confirmed the application of the test for usurious interest rates set out in African Dawn Property Finance 2 (Pty) Ltd v Dreams Travel and Tours CC [2011] 3 ALL SA 345 (SCA) (African
On 27 March 2025, the South African Renewable Energy Masterplan (SAREM) was approved by the South African Cabinet. SAREM is a comprehensive and strategic initiative aimed at transforming South Africa’s renewable energy and storage value chains by 2030.
SAREM demonstrates its commitment to the National Development Plan by promoting a low-carbon, resource-efficient, and pro-employment
On 28 March 2025, the Minister of Electricity and Energy (Minister) issued a significant determination under section 34(1)(b) of the Electricity Regulation Act, 2006 (ITP Determination) addressing the urgent need for an improved electricity supply infrastructure in South Africa. The determination lays the foundation to ensure the security of South Africa’s energy supply by introducing
The Employment Equity Regulations, 2025 came into effect on 15 April 2025, repealing and replacing the 2014 Regulations. Also in effect from 15 April 2025 is the Determination on Sectoral Numerical Targets which applies to 18 national economic sectors. The new Regulations and Determination introduce a significantly more prescriptive and compliance-driven framework, particularly for designated
In March 2025, the High Court reaffirmed the well-established principle that the failure to call a key witness in litigation may result in adverse inferences being drawn against the party who elects not do so.
In this case, the claimant instituted an action for damages against a security services company following an incident in which
“Double insurance arises where the same party is insured with two (or, as is said to be the position in this case, more) insurers in respect of the same interest on the same subject matter against the same risks. It is common ground that, subject to the meaning of the other insurance clause in the
This blog is co-authored by Neshalia Nayagar, trainee associate.
On 21 February 2025, the Supreme Court of Appeal (SCA) held that the sale and lease transactions did not constitute credit agreements under the National Credit Act (NCA) and were not disguised or simulated agreements which were concluded on terms to avoid the provisions of the
Part 1 and Part 2 discuss the insured’s claim for property damage indemnity resulting from incorporation of defective aluminium plate in customer’s products.
The insurers CGU also unsuccessfully argued the application of the products recall exclusion in the policy. The policy excludes insurer’s liability for:
“6.14 Products and Work Performed
6.14.2 the cost of or damages
The primary policy dispute in the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited is discussed in our previous blog here.
The insurers also argued that the installation of the defective plate did not damage the property at all and it in fact “improved” the vessel, so the claim must