The issue which the parties sought to have determined were whether the benefits of a life insurance policy received by the surviving community-of-property spouse as beneficiary were protected under section 63 of the Long-term Insurance Act, 1998 (LTIA). The provisional trustees of the insolvent joint estate alleged that the transaction, by which the benefits were immediately

In a surprising decision which is on appeal, the High Court held that the President’s decision to assent to and assign the National Health Insurance Bill is reviewable because all executive decisions are reviewable under the principle of legality or the law relating to the review of administrative decisions. The court invoked section 173 of the

At the end of April 2025, the Constitutional Court set aside a policy directive by the prisons authorities that prohibited the use of personal computers in cells for the purposes of further education in circumstances where the use is reasonably required for such further education. In order to avail themselves of the benefits of this

An appeal court judgment from Virginia, USA upheld the lower court’s finding that the bump-up exclusion in a D&O policy excluded insurers’ liability to indemnify a merging party against a USD90 million federal securities law claims by shareholders. The claimants alleged that the amount received for the shares in the merger were too low because of

In the UK there is legislation regarding exposure to risks to health and safety by third parties from the operations of a business. Legislation, like the South African Occupational Health and Safety Act, protects employees against exposure to substances hazardous to health. There have been a number of prosecutions in the UK recently for dust