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Home / Posts tagged “#HighCourt”

#HighCourt

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Day 2 Highlights from the FSCA Industry Conference 2026

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Day 1 Highlights from the FSCA Industry Conference 2026

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Budget: Key changes for taxpayers and investors

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15 years on, TVI scheme still casts a long legal shadow

A couple’s joint estate has been finally sequestrated after the High Court rejected several challenges to the Prudential Authority’s case.

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Refundable ‘premium’ sinks taxpayer’s insurance deduction

The High Court finds that most of the payment was a recoverable, interest-bearing deposit rather than expenditure incurred for genuine insurance cover.

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High Court upholds medical schemes’ recovery powers

The ruling preserves a key anti-fraud tool that industry bodies say protects member funds and helps contain healthcare costs.

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Judgment adds to uncertainty over crypto’s exchange control status

The High Court backs the SARB’s position that moving Bitcoin to foreign exchanges can amount to an unlawful export of capital.

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High Court clarifies when the clock starts ticking on consumer complaints

In certain CPA disputes, the three-year period for pursuing a complaint begins when a supplier refuses to provide a remedy, not necessarily when the underlying service was performed.

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SCA settles conflicting views on jurisdiction for ‘shortfall’ claims

The SCA rules that section 127(8) of the NCA empowers Magistrates’ Courts to hear these claims, but it does not bar High Court proceedings.

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High Court warning to banks over rushed home auction valuations

The judgment strengthens constitutional protections for homeowners by rejecting speculative ‘drive-by’ property valuations used in foreclosure proceedings.

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Referral fees and FAIS: when a lead becomes intermediation

The High Court’s decision shows how commission-style lead arrangements can be characterised as FAIS intermediary services, with enforceability consequences.

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Hollard appeal bid fails after order to pay DBSA R11.5m

Leave to appeal was also refused in Hollard’s linked recovery case, where the Court ordered R39.8m to the insurer under indemnity and suretyship arrangements.

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RAF liability for expenses paid by medical schemes ‘is settled law’ in W. Cape Division

The judgment criticises the Fund’s continued resistance to medical-expense claims already addressed in earlier Western Cape rulings.

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3Sixty wins lifeline in accreditation dispute with CMS

The High Court finds the Council must disclose the material it relies on before taking a decision that affects the provider’s ability to operate.

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High Court reinforces CPA: conduct, not contracts, determines liability

The judgment shows that misleading representations and failing to disclose material facts can ground liability, regardless of contractual terms.

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Fuel levy dispute before the courts as consumers brace for higher prices

Temporary fuel levy relief ends on 5 May as pressure builds at the pumps. The High Court case will test whether the minister can adjust the levy without Parliament.

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Claim dismissed after decade-long delay in Discovery Life dispute

A disability claim was paid, then disputed on non-disclosure grounds. Years of stalled litigation meant the court dealt with the case on procedure, not substance.

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Court rejects fast-track repossession bid over disputed debt and flawed process

A High Court ruling has refused FirstRand’s summary judgment bid, signalling stricter scrutiny of debt claims, documentation, and enforcement processes.

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Undisclosed referrals to a competitor FSP lead to debarment

Reconsidering the matter after a High Court remittal, the Tribunal finds the referral activity failed the fit and proper test.

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High Court orders 40% redistribution, weighing pre-marital cohabitation

The judgment shows that long relationships and indirect domestic contributions can justify substantial redistribution under the Divorce Act.

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Updated 6 July 2026

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Updated 6 July 2026

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Declining costs benefit retirement fund members
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