Court clarifies boundary between NCA enforcement and Insolvency Act remedies
The High Court rejects arguments that excess transactions processed during a system error amounted to unlawful credit extension.
#HighCourt
Court resolves key costs questions in Cadac Pension Fund case
The High Court overturns an earlier disallowance of the curator’s costs and reaffirms that former trustees remain personally liable for curatorship and inspection expenses.
Failed funding bid hastened HGG Financial Group’s collapse
The High Court voids the deregistration of Veritas Capital Africa, allowing HGG’s liquidators to pursue the recovery of R20.49m allegedly transferred before its collapse.
SCA dismisses RAF reconsideration bid in unpaid medical claims dispute
The Supreme Court of Appeal confirms that 181 unchallenged court orders obtained by Sunshine Hospital remain enforceable.
AfriForum serves summons in constitutional challenge to NHI Act
The summons argues the NHI Act limits patient choice, centralises provincial health functions, and lacks sufficient financial and institutional feasibility.
Directors, step back: courts shut the door on DIY legal representation
The judgment delivers a warning to directors: act as your own lawyer without court approval, and your case may be struck out with costs.
Court halts SARS’s ‘pay now, argue later’ rule in R531m tax battle
The judgment clarifies that when a taxpayer offers over-collateralised security and SARS cannot explain real risk, suspension should follow.
Life cover nominations still valid despite administrative slip
A signed nomination received during the policyholder’s lifetime satisfied the contractual requirements despite an incorrect policy number.
High Court clarifies interpretation of amended Rule 4 in service matters
The Western Cape Division holds that affixing a summons does not automatically satisfy the amended service rule in default judgment applications.
Full Bench adds weight to challenges against RAF medical expense directives
Internal directives cannot displace court orders or long-standing principles governing compensation, says the Western Cape High Court.
Ruling leaves key exchange control questions unresolved in crypto arbitrage dispute
The case focuses attention on how the exchange control framework applies to crypto platforms that facilitate offshore trading through loans.
Sizwe Hosmed: High Court blocks board comeback, new curator installed
The CMS frames the judgment as necessary to protect members, emphasising the scheme is compliant, operational and under close oversight.
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.
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.
