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The effect of stalled land claims on rural economic development

By NRF Digital Team on July 11, 2022 Posted in General

This blog was drafted by: Tameez Casoo, candidate attorney The Constitutional Court judgment in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others 2016 (10) BCLR 1277 (CC) (LAMOSA) has had an effect on restitution claims lodged between 1 July 2014 and 27 … Continue reading

Court Rejects Sub-Threshold Theory for Acute Profound Brain Injuries

By NRF Digital Team on June 28, 2022 Posted in Healthcare

This blog was co-authored by: Felix Le Roux, candidate attorney and Donald Dinnie, director Recently, plaintiffs in medical malpractice litigation involving cerebral palsy have sought to advance the theory that acute profound brain injuries may be preceded by an intermittent deprivation of oxygen to the brain in the hours leading up to delivery. This theory, … Continue reading

Claim dismissed for failure to give notice to the State

By NRF Digital Team on June 1, 2022 Posted in General, Healthcare

This blog was drafted by: Paulette Khumalo, Associate A party who intends to bring a claim for damages against an organ of state must comply with the Institution of Legal Proceedings against Certain Organs of State Act, 2002. Section 3(2)(a) of the Act provides that a notice must be served on the organ of state … Continue reading

Court review of schemes of arrangement under section 115 of the Companies Act

By NRF Digital Team on April 26, 2022 Posted in General

This blog was drafted by John Bell, Director. The approval of schemes of arrangement in terms of section 115 of the Companies Act, 2008 is becoming more prevalent in the field of mergers and acquisition as well as financial restructurings. They are as such receiving more scrutiny from our courts. In a recent matter the … Continue reading

Distinguishing trademark and patent protection and the Nespresso coffee capsules court battle

By NRF Digital Team on March 16, 2022 Posted in General

This blog was co-authored by: Allison Williams, Director and Bongekile Gasa, Candidate Attorney. The term trademark law refers to a branch of intellectual property law which differentiates between different goods and services through providers’ independent use of brand names, slogans, logos or other non-traditional mark. The term trademark can be described as a sign capable … Continue reading

Forfeiture clauses and claims tainted by fraud

By NRF Digital Team on February 23, 2022 Posted in Insurance

This blog was co-authored by Anika de Kock, Associate and Lara Thom, Candidate Attorney. In the case of Discovery Insure Limited v Masindi, the court had to consider whether a claim “tainted with fraud” lodged by a policyholder had the effect of rendering the whole claim voidable, even the parts not tainted by fraud and … Continue reading

Medical Brief: Ethical duties demanded of health researchers in South Africa

By NRF Digital Team on January 20, 2022 Posted in Healthcare

Medical Brief recently published an article written by Donald Dinnie and Rethabile Shabalala. They write that being registered as a health practitioner under the Health Professions Act of 1974 confers certain rights and privileges and corresponding to these rights and privileges are the ethical duties a health practitioner owes to individuals and society. You can read … Continue reading

Constitutional Court test for intolerable working relationship

By NRF Digital Team on January 18, 2022 Posted in General

This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal … Continue reading

All interested parties need to be heard to determine eligibility for death benefits

By NRF Digital Team on October 28, 2021 Posted in General

This blog was co-authored by Michelle David, Director and Nomonde Sithole, Candidate Attorney It is important for a decision-maker to hear submissions from all interested parties. Failure to do so can result in a decision being irregular on the basis that the decision-making process was defective. This principle came to the fore in the Financial … Continue reading

SCA reverses liquidation of JP Markets

By NRF Digital Team on October 26, 2021 Posted in Finance

This blog was co-authored by Shawn Barnett, Director and Hishaam Khan, Candidate Attorney On 20 October 2021 the Supreme Court of Appeal upheld the appeal of JP Markets (Pty) Limited against an order of the High Court which placed it in liquidation. The SCA found that it was not just and equitable to place JP … Continue reading

Exclusion of Subsidiary Companies from financial assistance limits

By NRF Digital Team on October 18, 2021 Posted in General

This blog was co-authored by: Tshegofatso Rammutla, Associate; Darragh Meaker, Associate Designate and Devan Falconer, Candidate Attorney. The proposal in the Companies Amendment Bill of 2021 published for public comment on 1 October 2021 for the exclusion of subsidiary companies from the limiting provisions relating to inter-group financial assistance should be enthusiastically supported. Section 45 … Continue reading

When can an insured institute action to recover its excess from a third party wrongdoer?

By NRF Digital Team on October 5, 2021 Posted in Insurance

This blog was co-authored by: Anika de Kock, associate and Zinhle Mdluli, candidate attorney The doctrine of subrogation literally means the substitution of one party for another as creditor. The doctrine is an incidence of the law of indemnity. The Court would allow the insurer to do so “in the name of the insured whether … Continue reading

Affidavit commissioned via WhatsApp video call valid for COVID 19 realities

By NRF Digital Team on September 6, 2021 Posted in General

This blog was co-authored by Sa’ood Lahri, Director and Muhammad Mirza, Candidate Attorney In August 2021 the High Court[1] accepted that an affidavit commissioned over a WhatsApp video-call constitutes substantial compliance with the applicable regulations[2] and is valid in light of the practical difficulties faced by the deponent due to the raging Covid19 pandemic. The … Continue reading

The Rise of Digital Markets in Competition Law

By NRF Digital Team on August 27, 2021 Posted in General

This blog was co-authored by Julia Sham-Guild and James Donald The Covid-19 pandemic has forced many industries to become highly reliant on digital markets. The gradual move over the past few decades and this recent sharp uptake as a result of Covid-19 has resulted in an increased need for regulators to be able to monitor … Continue reading

Auditors not liable to employees of failed bank

By NRF Digital Team on August 11, 2021 Posted in General

This blog was co-authored by: Kristin January and James Donald On 6 May 2021, the Johannesburg high court reaffirmed that auditors do not generally owe a legal duty to the employees of an insolvent company and consequently no valid claim can arise on the part of the employees for any alleged misstatement concerning the company’s … Continue reading

Hospitality guest indemnity upheld under Consumer Protection Act

By NRF Digital Team on July 28, 2021 Posted in General

Author: James Donald, Candidate Attorney In an April 2021 judgement, the Eastern Cape high court held that a standard form guest indemnity used by a game reserve was not in conflict with applicable provisions in the Consumer Protection Act 2008 (the CPA). The plaintiff was a tourist to South Africa, on holiday at a local … Continue reading