This judgment reviewed a decision by the Financial Services Tribunal which had set aside the debarment of a former financial services representative of the financial services provider (FSP). Despite finding that the Tribunal failed to take relevant facts into consideration, and did not properly consider the fit and proper requirements for purposes of debarment, the
Donald Dinnie
Expiry of on-demand guarantees
By Donald Dinnie & Daniel Breier on
The applicant was appointed a preferred bidder under the Department of Mineral Resources and Energy’s Request for Proposals (RFP) for renewable energy procurement. The applicant was appointed for six onshore wind projects and six solar projects. A requirement of the RFP, for confirmation of preferred bidder status, was to procure bank guarantees for each project.
Multiple demands under on-demand guarantees
By Donald Dinnie & Jakop Mphofu on
A May 2025 High Court judgment found that a guarantor who failed to reject a second call on an on-demand performance guarantee within five days was bound to honour the demand. The terms of the guarantee incorporated the Uniform Rules for Demand Guarantees (the URDG) which precluded the guarantor from later disputing the demand on…
Pollution insurance and causation (Australia)
By Donald Dinnie on
In this judgment, Seymour Whyte Construction sought an indemnity under a Contractor’s Pollution Legal Liability Policy after asbestos-contaminated soil was discovered during highway upgrade works in Victoria, Australia.
During works to upgrade a highway, asbestos contamination was discovered in excavated soil. WorkSafe Victoria issued notices requiring remediation and asbestos management. Seymour engaged specialists, cleaned up…
Breach of binder agreements and access to data
By Donald Dinnie & Patrick Bracher (ZA) on
In this High Court judgment, the respondent underwriting manager (CIMA), had a binder agreement with the applicant insurer. The binder agreement set out the terms of the mandate given to the UMA, to enter into and administer policies. The UMA was obliged to transact insurance business only within South Africa. The insurer is licensed for…
Duties of health authorities and SAPS in ensuring access to public clinics
By Donald Dinnie & Jason Hudson on
In December 2025, the High Court granted urgent relief to civil society organisations after vigilante groups at Yeoville and Rosettenville clinics blocked access for anyone unable to produce a South African ID. While the City later withdrew its objection, national and provincial health authorities argued they bore no responsibility for what happens outside clinic gates…
Insurance time‑bars: can partial ‘repudiation’ be a ‘rejection’?
By Donald Dinnie & Ina Iyer on
This March 2025 High Court judgment considers but does not decide whether a claim that is partly declined has been “rejected” for a policy time‑bar, and permits the claimant to amend to run that argument at trial, where wording and evidence will decide the point.
The claimant sought indemnity for fire damage to its switchgear…
No coverage triggered for ghost gun lawsuits (US)
By Donald Dinnie & Atish Dullabh on
In December 2025, the United States Court of Appeals for the Second Circuit held that two insurers had no obligation to indemnify an insured firearms retailer in third-party lawsuits alleging intentional marketing and sale of ghost gun kits. The court found that the lawsuits did not allege harm caused by an “accident” as required by…
High Court upholds special defences and clarifies scope under COIDA
By Donald Dinnie & Kriyanka Reddi on
In December 2025, the High Court held that the claimant’s delictual damages claim against his employer, the Minister of Health, had prescribed and the notice requirement under the Institution of Legal Proceedings Against Certain Organs of State Act was not met. The court held that the assault was not a risk incidental to the claimant’s…
An arbitrator cannot declare a procurement contract constitutionally invalid
By Donald Dinnie & Atish Dullabh on
In December 2025, the Supreme Court of Appeal held that an arbitrator has no power to declare a municipal construction agreement invalid for non-compliance with constitutional procurement requirements. Only a court may make such a finding under section 172 of the Constitution.
A property development company entered into a written agreement with a local municipality…