Nadia Gamieldien

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Commencement and repeal of laws

By Nadia Gamieldien on June 7, 2016 Posted in General

The Interpretation Act 1957 explains when laws commence and what happens when a law is repealed. Commencement of laws If a day is not set for the coming into operation of a law, that day will be the day when the law was first published in the Gazette as a law. If any act provides … Continue reading

Don’t forget the Interpretation Act

By Nadia Gamieldien on June 6, 2016 Posted in Drafting tips

The Interpretation Act 1957 applies to the interpretation of all laws, so it is a useful act to know. The act was last amended to incorporate the 1993 Interim Constitution. While there are some archaic and strange provisions, like the mention of the former colonies and the Royal Letters Patent of His Majesty King William … Continue reading

Understanding wrongfulness in delictual claims

By Nadia Gamieldien on May 8, 2016 Posted in General

In Minister of Home Affairs v Rahim & Others the Constitutional Court had to determine when the breach of a public duty is “wrongful” for the purposes of, and gives rise to, a delictual claim against the government. After their applications for asylum were rejected, 15 foreign nationals were arrested and detained under the Immigration … Continue reading

The disclosure test is in the insurance act

By Nadia Gamieldien on February 16, 2015 Posted in Insurance

Section 59 of the Long-term Insurance Act and section 53 of the Short-term Insurance Act deal with misrepresentation and non-disclosure. The supreme court of appeal’s judgment in Visser v 1 Life Direct Insurance Limited correctly founded the entitlement of an insurer to reject a claim on statute. The insurance acts say that a policy cannot … Continue reading