SCA ruling revives rejected RAF claims – and backdates the bill
A Court-ordered reset of the RAF claims process may force recognition of previously excluded liabilities, with potentially severe consequences for the Fund and the fiscus.
#prescription
Can taxpayers lose by challenging SARS? The hidden risks in transfer pricing disputes
Taxpayers challenging assessments in transfer pricing disputes face hidden risks, including the rare possibility that the Tax Court could consider increasing an assessment.
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.
Suspensive conditions: SCA clarifies when prescription starts
Until the suspensive condition is met, the right to performance is suspended and the prescription clock does not run.
Enforcement is the Achilles’ heel in contribution compliance, says Adjudicator
The FSCA, National Treasury, and the Pension Funds Adjudicator tell MPs what they are doing to address the non-payment of retirement fund contributions. Regulatory interventions other than COFI may be in the offing.
Failure to act timeously over arrear contributions places members’ benefits at risk
Over half of the awards issued by the Pension Funds Adjudicator for complaints about unpaid contributions were affected because part of the claim had expired.
Acknowledgment of debt, even indirectly, halts prescription
The High Court confirms that an acknowledgment of debt, even if not directly made to the creditor, interrupts the time limit for legal action.
What consumers should know about vehicle repossessions
The Ombudsman for Banking Services sets out the legal position regarding prescription, repossession, and a voluntary surrender.
Why the FAIS Ombud is closing its files on property syndication complaints
Adjudication of the complaints requires hearings, which are more conducive to a court of law, the Ombud says.
How the Credit Ombud helped consumers in 2022
Two-thirds of disputes were settled in favour of consumers.
Supreme Court of Appeal rules on impact of curatorship on prescription
Shoprite Checkers contends the curator had a year within which to file the claim from the date on which he was appointed.
Pension Funds Adjudicator’s creation of a new complaint unfair to the applicant
The Adjudicator also failed to apply the Pension Fund’s Act prescription provision correctly, tribunal says.
