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.
#HighCourt
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
FIC cannot rely on pre-2022 non-compliance in attorney sanctions, High Court finds
Penalties cannot be based on periods before the FIC assumed supervisory authority, and remediation must be fully considered when imposing sanctions.
Termination of MyWealth business rescues now subject to court scrutiny
Affidavits before the High Court set out contested positions on process, standing, and potential next steps, including whether liquidation should follow.
SCA orders RAF to pay R92m to Newnet, sets out compliance steps
The Supreme Court of Appeal orders the Fund to settle R92 million in judgment debt to Newnet and comply with payment and adjudication requirements.
PI policy: High Court rules against broker in Covid-related claim
The judge finds that a policy operating on a claims-made basis responded according to when the claim was made, not when the alleged negligence occurred.
Appeal court leaves FAIS debarment ruling intact
The Full Bench finds that the information available to the FSP was sufficient to justify initiating the statutory debarment process.
