South Africa and global insurance, financial institutions, banking and general law know–how
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…
The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is…
Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of that employee with the host company.
The employer and host company are required to enter into a secondment…
On 23 April 2020, the President of South Africa announced that the lockdown would be relaxed, with some industries being permitted to return to work, subject to extreme precautions being taken to limit community transmission and outbreaks of the infection. Specified business will be permitted to operate under strict parameters, including:
…
