Bonitas’ dispute with Medscheme heads to court
Bonitas’ decision to change administrators comes amid a CMS investigation and High Court proceedings involving its former service provider.
#HighCourt
Judgment sheds light on beneficiary changes in living annuities
Was a beneficiary nomination signed under a power of attorney and submitted after death valid?
Tribunal misapplied legal test in debarment reconsideration, High Court rules
The FST erred because it focused on contractual obligations rather than the broader fit and proper requirements.
Community of property divorces must address joint estates, judge rules
Dissolving a marriage in community of property while deferring questions about the joint estate is neither conceptually sound nor workable.
Classic Financial creditors see first dividend, just over 6%
The initial payout returns roughly 6 cents on the rand to creditors, with legal costs taking a large slice – but further recoveries may change the final dividend.
Arbitration confidentiality offers no shield in South African courts, warns High Court
The High Court confirms that evidence from confidential arbitration can be disclosed in related South African litigation, forcing insurers and other parties to rethink how they manage arbitration materials.
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.
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.
