Bank fraud: FICA doesn’t create a private law right to third-party damages
A couple who were victims of business email compromise argued that FICA imposed a private law duty on Nedbank to protect them from financial harm.
#HighCourt
Debtor carries the risk, says High Court in ruling on cyber-fraud liability
The judgment highlights that confirming payment details is essential to avoid financial loss.
Insured’s expert witness more credible than the insurer’s, judge finds
The court ruled that MiWay’s expert analysis relied too heavily on assumptions, while overlooking the driver’s account that he swerved to avoid a dog.
Retirement savings not immune to SARS tax collection orders, court rules
SARS can appoint third parties to deduct tax debts directly from retirement funds, overriding the protections under the Pension Funds Act.
High Court rules against financial firm in restraint of trade dispute
The FSP failed to prove the existence of a protectable or that the restraint had been breached.
Municipal officials face prison for contempt in pension fund case
Retirees, should be especially vigilant against three common scams: phishing and its more targeted version, spearfishing; deepfakes; and the Grandparent scam, which uses voice cloning.
Municipality found liable for fire damage after water supply failure
The business would not have performed grinding activities if it had been forewarned about the interruption to the water supply.
Court orders employer to disclose bank records in battle over contributions
The Mafube Local Municipality is accused of withholding nearly R38 million in employee retirement fund contributions.
Court orders car dealership to refund consumer after blaming defects on driving style
The NCC has prioritised the second-hand motor vehicle industry due to the high volume of complaints from dissatisfied consumers.
Court enforces restraints of trade in dispute between wealth management firms
The judgment shows that ‘reasonable apprehension’ can tip the scales in favour of enforcing trade restraints and confidentiality agreements.
Court rules on FAIS Act exception argument in dispute over commission
The judgment clarifies aspects of the FAIS Act, particularly regarding the nature of ‘advice’ and ‘intermediary services’.
Municipality ordered to pay R750 000 for pothole accident injuries
A municipality’s responsibility for road maintenance does not automatically make it liable for failing to meet that duty.
Liberty asks for prison term for ‘threatening and derogatory’ email campaign
The man persisted with his abusive emails despite being found in contempt of court twice and being sentenced to a period of direct imprisonment.
When does the countdown for tracing a fund member’s dependants start?
High Court hands down a decision on the interpretation of the tracing provision in section 37C of the Pension Funds Act.
Bid to have RAF CEO sentenced to ‘suspended imprisonment’ for unpaid debts fails
A challenge to the RAF’s failings must consider the complex inter-governmental duties on which the social security scheme depends, judge says.
Linking certificate of need to NHI is ‘purely mischief’, says health ministry
Headlines characterising the High Court’s judgment as a huge blow to NHI ‘are in the same mould as Bell Pottinger propaganda’.
Blow to health department’s plan to tell doctors where they can work
The High Court finds that sections of the National Health Act providing for a Certificate of Need scheme do not pass constitutional muster.
