South Africa and global insurance, financial institutions, banking and general law know–how
This interesting judgment dealt with a bomb which was dropped by hostile German forces in Exeter in 1942. The bomb did not explode and lay undiscovered until 2021 when it was unearthed during building works. Bomb disposal experts were called in.
They decided that the bomb could not safely be diffused nor moved and detonated…
A High Court judgment in March 2023 applied good law and common sense in finding that a loan between parties who had a closely knitted friendship was not an arms’ length transaction and was therefore not governed by the National Credit Act, 2005 (NCA).
A credit transaction is not governed by the NCA if the…
A US case between an insured and an insurer involved the tale of the unluckiest yacht and the series of unfortunate events that she encountered.
In January 2013 a new expertly designed custom built yacht Fearless was insured for a year. Two days later she struck a submerged rock in the US Virgin Islands. In…
An agreement of compromise is the settlement of disputed obligations by agreement.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding…
On 13 February 2026, the Supreme Court of Appeal held that section 5(3) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) unambiguously permits the holder of a mining right to enter the relevant property. The Supreme Court of Appeal emphasised that landowners are obliged to allow mining right holders access to…
This blog is co-authored by Ila Alberts, a candidate attorney.
A January 2026 judgment of the Labour Appeal Court highlights the effect of vague drafting within a settlement agreement.
An employee’s alleged unfair dismissal dispute was settled on the basis that “the [employer] agrees to assist with the completion of the forms as required…
1. A key change proposed by Labour Law Amendment Bill, 2025 is the introduction of section 77B into the Basic Condition of Employment Act, 75 of 1997 (BCEA). The proposed change is of particular importance to employers as it seeks to tackle a long-standing challenge concerning unpaid pension and provident fund contributions…
Labour Law Amendment Bill published for public comment
On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill, 2025 for public comment (the Bill). The Bill proposes wide-ranging amendments to the Labour Relations Act, 1995 (LRA), Basic Conditions of Employment Act, 1997 (BCEA)…
According to a February 2026 New York Supreme Court judgment, the insurer was entitled to avoid the policy because of a misrepresentation that the premises were occupied as the insured’s primary residence whereas, since inception of the policy which had been renewed since 2017, the premises were always occupied by two separate tenants.
Under New…
This blog is co-authored by, Raaiqhah Akoo, candidate attorney.
In February 2026, the high court confirmed that allegations of racism and unethical conduct published on social media and in a letter to third parties cannot be justified as being in the public interest where there is no admissible evidence establishing their truth. In those circumstances…
In January 2026 the Supreme Court of Canada dismissed a joint homeowners’ appeal and held that a standard exclusion of increased costs due to operation of any law remained fully operative despite a “Guaranteed Rebuilding Cost Coverage” (GRC) endorsement to the policy. The court found the policy wording unambiguous and determined that the GCR endorsement…
The High Court handed down a judgment in December 2025 which affirms that bidders for public tenders must comply strictly with the requirements set out in the tender documents, including provisions that may be construed as mere formalities.
The matter arose from a tender for traffic management services issued by a municipality. The tender documents…
In February 2026, the Constitutional Court dismissed an aggrieved bidder’s challenge against a decision of the Government Employees Medical Scheme (GEMS) to award a tender for courier services, ruling that the commercial decisions of a medical scheme, including those related to procurement, are generally not susceptible to judicial review. The court also decided that a…
In September 2025, the High Court handed down a judgment in favour of a trust that sought to purchase land from a municipality, ruling that the trust was entitled to procedural fairness in terms of the Promotion of Administrative Justice Act (PAJA).
The matter arose from an application by the trust to purchase 4…
