SCA remits case dealing with protection of insurance benefits from insolvency claims
At issue is whether a death benefit received by a surviving spouse is protected from the creditors of an insolvent joint estate.
#HighCourt
High Court slams RAF for wasting millions on ‘chaotic’ cases
Judge says the fund’s failure to send lawyers to court or provide them with instructions is leading to default judgments.
Court clarifies NCA application to suretyships in vehicle finance case
Sureties cannot rely on the National Credit Act if the principal debt falls outside its scope.
Court upholds arbitration clause in R423m business interruption dispute
The judgment reinforces the principle that the courts will uphold arbitration clauses where liability is not contested.
Credit provider must engage ‘meaningfully’ with debtor – judgment
The High Court refuses Ford Credit’s request to repossess a vehicle, saying it did not fairly consider the debtor’s proposed repayment arrangement.
Retirement fund held to PFA’s jurisdictional requirements
Enforcement of the Adjudicator’s orders must proceed where the employer-municipality resides and where the unpaid contributions arose.
High Court ruling on crypto exchange control suspended pending appeal
Until the appeal is resolved, the operation of the exchange control rules remains unchanged, and market participants should err on the side of compliance.
Fuel levy rises despite court challenge, but price drop cushions blow for motorists
The fuel levy hike remains in force, but a broader court challenge over the finance minister’s power to increase taxes continues.
Did the FSCA overstep in Banxso’s liquidation battle?
Banxso claims the FSCA violated the Financial Sector Regulation Act by handing over interview transcripts that were supposed to remain internal. The Authority insists its subpoena was valid and no promises of confidentiality were made.
RAF loses another medical scheme member liability case
The High Court, endorsing the minority judgment’s view, rules the Fund must pay the medical expenses covered by Discovery Health.
Strict test for discharging an interdict: lessons from Cadac Pension Fund ruling
The judgment underscores that, absent a fundamental shift in facts or law, courts will not allow steps that could prejudice unresolved disputes over member rights.
Cryptocurrencies outside Exchange Control Regulations, court rules
Legal experts anticipate a legislative response to plug the loophole and safeguard against large‐scale capital flight via digital assets.
Former Liberty manager and adviser must delete defamatory posts
The proper channels for resolving employment-related grievances are the statutory dispute-resolution bodies, not social media, says the High Court.
Terms of a restraint of trade must be clearly set out
Three recent judgments in employment disputes underscore that courts will enforce only those restraint-of-trade clauses that are drafted with precision, protect a genuine employer interest, and strike a fair balance between competition and individual freedom
Viceroy | FSCA wants the power to serve foreign operators digitally
The Authority invites interested parties to participate in High Court proceedings that will decide whether it may impose penalties on foreign individuals without physically serving documents in South Africa.
Adjudicator aligns with High Court’s ruling on the in duplum rule
The OPFA confirms that penalty interest on late employer contributions may not exceed the original capital owing – in line with the Full Bench’s judgment in March.
Medical expenses | Court grants leave to appeal in member’s dispute with RAF
The outcome of Discovery Health’s appeal before the SCA will affect the outcome of the member’s claim for R1.4 million.
