South Africa and global insurance, financial institutions, banking and general law know–how
This blog was co-authored by Katelyn-Mae Carter, Candidate Attorney.
On 13 February 2025 the high court ordered the Minister of Police to pay R800,000 in damages for the unlawful arrest and detention of a man accused of rape. The case, which underscores the critical importance of thorough investigation and adherence to legal protocols, highlights significant…
This blog was co-authored by William Hayne, Candidate Attorney.
In November 2024, the high court dismissed an action against the Department of Education for damages arising from injuries suffered by a school learner who was assaulted by another learner. The issue in dispute was whether the assault occurred during or after normal school hours.
The…
This blog was co-authored by Justine Subramoney, Candidate Attorney.
In November 2024, the High Court held that the implementation of the Covid-19 regulations extinguished the contractual obligations between the parties to a wedding venue contract because of supervening impossibility arising from the pandemic. The venue was ordered to refund the claimant R63 008 plus interest, the…
This blog was co-authored by Yuveshen Naidoo, Candidate Attorney.
In November 2024, the High Court considered whether a bank was delictually liable for financial loss caused by a fraudulent email scheme perpetrated by their customer on a third party. The court dismissed the claim and held that the bank’s obligations under the Financial Intelligence Centre…
On 26 September 2024, the high court dismissed an application to obtain benefits from a group life policy with a Global Education Protection benefit.
The applicant, acting in her representative capacity of her minor daughter, attempted to claim benefits under a group life policy issued by the insurer. The policy provided indemnity cover for education…
A September 2024 High Court judgment underscores the importance of procedural fairness and transparency in municipal service delivery and the need for compliance with legislation and by-laws. The court addressed issues regarding the disconnection of electricity services by the Makhado Local Municipality.
The municipality disconnected the applicants’ electricity at their primary residence due to alleged…
This blog was co-authored by Rameeza Abdool Sattar, candidate attorney at Norton Rose Fulbright South Africa
The calculation of interest has significant implications for parties being sued, specifically when liability is not yet fixed or when dealing with unliquidated claims like damages claims. This case demonstrates the consequences of delaying payment of capital and interest…
It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.
The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU…
On 29 April 2020, new Regulations were published in terms of the Disaster Management Act which replaced previous lockdown regulations and set out the restrictions that will be imposed during Alert Level 4. These Regulations permit more categories of business to resume operations, subject to the establishment of, and compliance with, strict health protocols and…
Businesses allowed to resume operations under the COVID-19 Alert Level 4 must put in place measures aimed at reducing the spread of the virus, to ensure the safety of employees. A COVID-19 compliance officer must also be appointed.
The updated Regulations to the Disaster Management Act, published on 29 April 2020, allows for more businesses…
