High Court considers the meaning of ‘sudden’ in R7m liability claim
Transnet took Santam to court to recover the costs of rehabilitating soil contaminated after thieves broke into a fuel pipeline.
Author: Mark Bechard
Unemployed trader applies to tribunal to have penalties reduced
The FSCA had already reduced the penalties and dropped the intention to debar for 10 years.
Nampak pension fund vs Nampak provident fund over members’ share of surplus accounts
Financial Services Tribunal considers the Adjudicator’s powers relating to section 14 transfers
FAIS Ombud told to reconsider complaint against Old Mutual for rejecting liability claim
Tribunal was ‘not afforded the courtesy’ of an explanation for the ombud’s failure to respond to questions from the deputy chairperson.
Conclusions depend on the facts of each case, says FST as it sets aside determination for the third time
Tribunal repeats its previous ‘recommendation’ that the FAIS Ombud obtain oral and expert evidence to resolve the disputes of fact.
Will your business be an accountable institution from 19 December?
Stringent compliance obligations await if it is, but there’ll be a transitional period for new sectors.
Ombud’s facts and findings don’t add up, says tribunal in setting aside property syndication determination
Referring clients to another broker does not constitute advice for the purposes of the FAIS Act.
How the FSCA decides on the size of an administrative penalty
And how the Financial Services Tribunal assesses whether the fine was appropriate.
Conduct standard on reporting obligations relating to retirement fund contributions due to take effect in February
It explicitly places an onus on retirement funds to alert employers of their obligations under the Pension Funds Act.
FAIS Ombud’s office releases its 2021/22 report
Eight interesting things, including an update on long-standing property syndication complaints.
Healthcare providers will no longer ‘call the shots’ under NHI, says minister
Therefore, current 8.5% of GDP spent on healthcare resources will be enough to fund NHI, Parliament told.
3Sixty Life petitions Supreme Court of Appeal over final curatorship order
This follows the High Court’s decision confirming its earlier judgment.
Pension Funds Adjudicator’s creation of a new complaint unfair to the applicant
The Adjudicator also failed to apply the Pension Fund’s Act prescription provision correctly, tribunal says.
Directors of Insure Group Managers take their debarments to the FST
Tribunal considers whether the insurers in some way gave their consent to IGM investing the premiums in illiquid assets.
Court must rule on couple’s time of death to ensure correct beneficiary payment
High Court weighs witnesses’ testimony to decide whether a husband did, in fact, predecease his wife and beneficiary.
Tribunal rules on Viceroy’s application against R50m penalty for Capitec report
Can the FSCA fine persons not domiciled within the jurisdiction of South Africa’s courts?
Ma-Afrika Hotels back in court with another business interruption case
The hospitality group says the lockdown restrictions discharged it from the liability to pay rent.
