Artificial intelligence

How AI Misled Two US Courts and the Urgent Case for AI Rules in JudgingAI and competition law: increasing risks of collusion?Cyber policies set a good underwriting example

Banking

A pension fund has no locus standi to review an Adjudicator’s determination in respect of death benefit distribution where its legal rights have not been infringedBanks finance and don’t sell vehicles and do not have the CPA obligationsFSCA’s 2025 Crypto Information Request: What South African CASPs Need to Know

Corporate

Excluding Preference Shares from BEE Ownership Calculations and the RuleDrones in South Africa’s Draft Airfreight Strategy (2025): What Changes, Why It MattersThe South African Empowerment Framework: It's Not All BEE Out There

Credit

When is an acknowledgement of debt a credit agreement?SCA cautions against attempts to circumvent principle of concursus creditorumPayment obligations under demand guarantees are independent and persist unless fraud is proven

Drafting tips

Drafting of data ownership provisions in a contractSCA ruling on Covid-19 rental remissionsThe difference between ‘significant’ and ‘substantial’

Employment

Employer’s use of facial recognition declared unconstitutional in KenyaConstructive Dismissal by Neglect: Lessons from the Makombe CaseRescission relief after a flawed Labour Court ruling

Energy

Regulatory Milestone: NERSA Approves NTCSA’s Congestion Curtailment Framework as an Ancillary ServiceHigh Court clarifies that upstream gas production is not subject to Gas Act licensingIPPs' mitigating their risk through the pass-through principle

Finance

A pension fund has no locus standi to review an Adjudicator’s determination in respect of death benefit distribution where its legal rights have not been infringedIs South Africa ready for a forward-looking ZARONIA term rate?FSCA’s 2025 Crypto Information Request: What South African CASPs Need to Know

General

Employer’s use of facial recognition declared unconstitutional in KenyaFAIS non-compliance and fair dismissalTenders should not always be awarded to the highest-ranked bidder      

Global markets

When does the Consumer Protection Act apply to leases? Supreme Court of Appeal confirms the position.

Healthcare

Negligent obstetric care confirmed on appealEastern Cape court orders lump-sum payout for lifelong carePrivate hospitals performing public functions are subject to constitutional and administrative law  

Insurance

Stricter Charter Flight Entry Requirements: Advance Passenger and Crew Manifest Vetting for 20 or More PassengersConfidentiality in arbitration does not block disclosure in related South African litigationAn arbitrator cannot declare a procurement contract constitutionally invalid

Interpretation

Policy interpretation and delay exclusion (USA)Wills: When a “full usufruct” outweighs bare ownership – lessons from Hart v Hart (WCC)Valuation Appeal Boards must assess and analyse all expert evidence

Labour

Employer’s use of facial recognition declared unconstitutional in KenyaFAIS non-compliance and fair dismissalConstructive Dismissal by Neglect: Lessons from the Makombe Case

Pension Funds

Personal liability for directors of companies that fail to pay employees’ pension contributionsA brief plain language FSCA noticeA statement in terms of section 112(2) of the Criminal Procedure Act constitutes an admission of liability in terms of section 37D(1)(ii)(aa) of the Pension Funds Act

Pension Funds

The duty of the Board in terms of section 37C(1)(c) of the Pension Funds Act (PFA) to trace dependents commences when the Fund is notified of the death of the Member

Tax

Court finds no verbal agreement for transfer of shares was concludedPublic Benefit Organisations that issue receipts are now required to report to SARS

Transport

Confidentiality in arbitration does not block disclosure in related South African litigationYour Time is Up! Navigating maritime security: Lessons from the Yangze 22 decisionAssociated ship arrests: security needs and hearsay evidence

Uncategorized

Owner’s liability for injury on its propertyAnother insurance case considering an “occurrence” (US)Making settlement agreement an order of Court: enforcing a settlement agreement that was made an arbitration award under the Arbitration Foundation of Southern Africa Rules