Tag archives: SCA

Failure of school to provide proper first aid providers at a rugby match is negligent

By Anika de Kock on February 21, 2023 Posted in Insurance

This blog was co-authored by: Adrienne Cloete, Candidate Attorney. The hosting school hosted a rugby tournament. During a match with a visiting school the claimant (Izak), playing for the visiting school team suffered a neck injury after being tackled by a player from the opposing team. The player was carried off the field by two … Continue reading

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

By Patrick Bracher (ZA) on February 6, 2023 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

Credit Europe Bank N.V v The an Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others

By Peter Lamb on October 21, 2022 Posted in General

Credit Europe Bank N.V v The an Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others The Supreme Court of Appeal (SCA) handed down judgment in Credit Europe Bank N.V v The Admiralty Fund Comprising the proceeds of the sale of the mv Tarik III & Others on 13 … Continue reading

PAJA applies to regulations made by a Minister

By Patrick Bracher (ZA) on April 13, 2022 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

By Donald Dinnie on February 22, 2022 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

By Patrick Bracher (ZA) on November 16, 2021 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

By Candice Grieve on June 4, 2021 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