Tag Archives | High Court


Mom entitled to take ex-husband’s RA money for maintenance, says judge

A mother whose ex-husband owed her maintenance payments for their children was legally entitled to withdraw funds from his pension without giving him notice. This is the upshot of a ruling by Johannesburg High Court Judge Tina Siwendu, who was hearing an urgent application by the man. He sought an order that the mother of […]

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Telkom has frozen an employee’s pension. Here’s why a judge has allowed it.

Telkom has succeeded in “freezing” a pension pay-out to a former employee it is suing for over R200 million. In a civil trial, Telkom alleges Andrew Johannes Jacobs sold information to its competitors. He resigned in October 2012, ahead of an internal disciplinary hearing. Jacobs applied to the Pretoria High Court to have his pension […]

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High Court dismisses constitutional challenge to sections of the Financial Sector Regulation Act

The Gauteng High Court has dismissed, with costs, an application by Fusion Guarantees and its directors to declare sections 154, 167 and 231 of the Financial Sector Regulation Act (FSRA) unconstitutional and invalid. The application was brought against the FSCA, the Minister of Finance and the National Credit Regulator. The case was heard in September […]

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Important debt review ruling – Can court release consumer from debt review agreement?

LegalBrief reported yesterday that the Gauteng High Court (Johannesburg), in a judgment written by Judge Roland Sutherland, has confirmed similar rulings in the Western Cape, KZN and Limpopo divisions, that the High Court does not have jurisdiction to release consumers from debt review. According to a Business Day report the judgment stems from an application […]

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The High Court rules in favour of the NCR – Credit Providers to implement necessary controls

“Banks should obtain permission from consumers before transferring funds from consumers’ accounts to pay amounts due under credit agreements”, Nomsa Motshegare, Chief Executive Officer of the National Credit Regulator (NCR) commented after a High Court ruling in Johannesburg last week. The High Court in Johannesburg ruled in favour of the NCR against Standard Bank that […]

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