South Africa and global insurance, financial institutions, banking and general law know–how
In January 2025, the High Court handed down a judgment which revisited the application of the well-known common law rule requiring a South African claimant to attach property in South Africa of a foreign defendant who is to be sued to found or confirm the court’s jurisdiction.
The matter arose from an allegedly defective hip…
On 12 March 2025, a High Court judgment ruled that the decision of a municipality to terminate the acting appointment of its Director of Community Services amounted to administrative action that is subject to review in terms of the Promotion of Administrative Justice Act (PAJA).
The employee had challenged the termination of his acting…
On 19 November 2024, the Constitutional Court handed down a judgment which reaffirmed that the making of municipal by-laws are subject to the principle of legality, which requires all exercises of public power to be authorised by the law.
The matter arose when two Mpumalanga municipalities enacted by-laws that imposed transfer embargoes on properties.
On 20 November 2024, the high court handed down a judgment which confirmed that if the common approach of the parties to a point of law is based on a wrong perception, a court is not only entitled, but obliged, to raise that point of law of their own accord.
The matter involved an…
On 9 October 2024, the Constitutional Court ruled in favour of the executor of a deceased estate and ordered a medical scheme to honour the contractual obligations it owed to the deceased.
One of the issues dealt with in the judgment is whether the decision of the Medical Schemes Appeal Board, in upholding the…
In a July 2022 blog, we highlighted the tendency of our courts to invoke the Promotion of Administrative Justice Act (PAJA) and the principle of legality interchangeably in cases where review grounds exist under both. We explained that, despite the considerable overlap between PAJA and the principle of legality, everyone dealing with government and…
On 22 October 2024, the Supreme Court of Appeal (SCA) upheld an appeal by a non-governmental organisation (NGO) which challenged the regulatory approval of genetically modified maize. The SCA applied the precautionary principle, which requires decision-makers to adopt a cautious approach where evidence of possible environmental harm exists.
The matter arose from the approval granted…
On 14 October 2024, the Durban High Court dismissed a review application brought by a trading entity against a ruling by the Ports Regulator that it had jurisdiction to determine the validity of administrative action exercised by Transnet.
The matter arose from a lease agreement between the applicant lessee and Transnet in respect of…
On 2 October 2024, the Constitutional Court dismissed an application for leave to appeal brought by a municipality against an order directing it to pay compensation for security services rendered pursuant to an unlawful tender process.
The municipality had extended a contract with a security services provider without following a lawful tender process. Despite…
In a previous blog, we illustrated that an applicant needs to meet all the legal requirements for urgent interim relief before a court will grant such relief. On 17 September 2024, the Supreme Court of Appeal (SCA) handed down a judgment which reaffirmed this point.
The matter arose from a dispute between the…
