Consumers can cancel defective, financed purchases using common law
The SCA rules that buyers may rely on actio redhibitoria to unwind financed vehicle purchases marred by latent defects, even when the deal falls under the NCA.
#HighCourt
Matric results | Information Regulator’s argument dismissed as ‘fanciful’
The High Court has overturned the Regulator’s bid to stop the publication of the matric results, rejecting its claim that learners can be identified from exam numbers.
High Court blocks FSCA’s bid to supervise fund’s general meeting
The Court set aside two notices to the Municipal Employees Pension Fund after finding the regulator had not met the statutory thresholds.
Courts willing to consider evidence beyond a contract’s written terms
Modern contract interpretation permits surrounding circumstances to explain contractual meaning – undermining SARS’s argument that extrinsic evidence is inadmissible.
Rulings define scope of PA’s powers under transitional insurance laws
The Tribunal and the High Court delivered key decisions emphasising proportional enforcement and the proper use of transitional provisions.
Court tells SARS: A deal is a deal
A High Court ruling confirms that SARS must honour lawful settlement agreements and cannot rely on internal systems or administrative hurdles to escape binding terms.
High Court: credit providers must get section 129 notices right
A subsequent, corrected section 129 notice cannot cure defects in the original notice once summary judgment proceedings have begun.
Dead on arrival: Court strikes claim issued after borrower’s death
The High Court strikes FirstRand’s repossession action after finding the defendant died months before summons was issued.
Court raises bar for repudiation based on misrepresentation or non-compliance
Non-life insurers may repudiate claims for alleged misrepresentation or regulatory breaches only when they can produce clear, consistent, and reliable evidence.
Court shuts down attempt to ‘run out the clock’ on consumer complaint
The judgment confirms that the National Consumer Commission can pursue suppliers for ongoing misconduct – even when they try to stall a complaint into expiry.
I-SCA icacisa ngokuba semthethweni ‘kwemirhumo yendlela’ kwizivumelwano zemali zezithuthi
INkundla ithi ababoneleli ngetyala kufuneka baqinisekise ukungafihli ngokupheleleyo ekuvezeni uhlobo, iindleko, kunye neziphumo zenkxaso-mali yeze ntlawulo.
SCA rejects bid to rectify Fourways Mall business interruption contract
The Supreme Court of Appeal finds the parties did not share an intention to exclude ICD cover.
ConCourt judgment widens High Court’s jurisdiction in tax cases
The Court replaces the restrictive ‘exceptional circumstances’ test with a flexible ‘good cause’ standard, creating new forum-choice opportunities.
Court rules: you must repay the bank even if your car is faulty
If a financed car is defective, your recourse is against the dealer – not the bank financing the purchase.
Risk manager’s restraint of trade remains even while appeal is pending
Allowing an appeal to suspend the restraint would render the firm’s contractual protection meaningless, as the restraint period could expire before an appeal is heard.
High Court rules on SARS’s R5.3bn claim against Sasfin Bank
The judgment dismissed parts of Sasfin’s exceptions and left SARS’s statutory claim under the Financial Sector Regulation Act to proceed.
Medihelp to appeal contempt judgment in Elaprase case
Medihelp says it will challenge the judgment while the cost of Elaprase awaits a final decision by the CMS Appeal Board.
