Tag archives: SCA

Voetstoots clause does not cover fraudulent misrepresentation

Financial Institutions Legal SnapshotBy Anika de Kock and Stacy Smit on Posted in Insurance
The Supreme Court of Appeal awarded damages to the purchasers of a guesthouse which had a serious leaking roof because the seller failed to disclose the defects he was aware of. The voetstoots clause in the deed of sale was inapplicable because the claim was founded on delictual liability for fraudulent non-disclosure/misrepresentation and not on … Continue reading

SCA ruling on Covid-19 rental remissions

Photo of Daniel BreierBy Daniel Breier on Posted in Drafting tips, General
In April 2023 the Supreme Court of Appeal confirmed that a tenant may claim a remission of rental where vis major interferes with the tenant’s beneficial use and enjoyment of the property, unless the terms of the lease provide otherwise. However, if the premises are sub-let there will be no interference with the head tenant’s … Continue reading

Majority shareholder has no legal standing to protect its purely financial interests against third parties

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
The Supreme Court of Appeal refused to grant legal standing to a 64% shareholder of a company that challenged the decision of the North West Gambling Board in relation to the licence held by the company. Something more than a pure financial interest is required where a shareholder seeks to assert rights that correctly belong … Continue reading

PAJA applies to regulations made by a Minister

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
The Supreme Court of Appeal has reaffirmed that the making of regulations by a Minister acting in terms of a statute constitutes administrative action within the meaning of the Promotion of Administrative Justice Act, 2000.  This means that such regulations can be challenged if they are outside the powers of the Minister under the enabling … Continue reading

The Role and Powers of the FAIS Ombud

Photo of Donald DinnieBy Donald Dinnie on Posted in Finance
This Supreme Court of Appeal judgment in The Ombud for Financial Services Providers and C S Brokers CC and Others [2021] ZASCA 117 is a reminder that section 20 of FAIS created the office of the Ombud as a mechanism for the speedy resolution of disputes which would otherwise be dealt with in court. A … Continue reading

Transferability of water use entitlements and other government-granted rights

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
In a case where the Supreme Court of Appeal found that section 25 of the National Water Act, 1998 (NWA) permits the transfer of water use entitlements subject to a licence being granted to the transferee by the Minister, the court made some important observations about the transfer of government-granted rights generally. The NWA abolished … Continue reading

SCA gives clarity on the meaning of conflict of interest for business rescue practitioners

Photo of Candice GrieveBy Candice Grieve on Posted in General
SCA gives clarity on the meaning of conflict of interest for business rescue practitioners In February 2018, eight companies in the Oakbay Group were placed in voluntary business rescue. Amongst these companies were the first respondent, Tegeta Exploration and Resources (Pty) Ltd, and its three subsidiaries, Optimum Coal Mine (Pty) Ltd (OCM), Koornfontein Mines (Pty) … Continue reading
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