Minister approves draft regulations for virtual affidavits
The proposed framework would allow affidavits to be commissioned remotely through live audiovisual technology.
SCA
SCA underscores the importance of fair process in voluntary associations
A ruling involving a religious society offers broader governance lessons on procedural fairness, impartiality, and disciplinary powers exercised by private organisations.
SCA’s property rights ruling has lessons for new expropriation law
The ruling was decided under the 1975 Act, yet commentators say its constitutional principles will remain relevant when the new law eventually takes effect.
SCA upholds Adjudicator’s reading of ‘12 months’ in section 37C
The retirement fund was not entitled to pay the benefit into the estate because it only learned of the member’s death more than a year later.
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.
Taxpayers may use non-lawyer representatives, SCA rules
The judgment confirms that the Tax Administration Act and Tax Court Rules do not restrict appearances to admitted legal practitioners.
SCA backs FSCA in dispute with fund over investigation record
The Authority was not required to disclose documents tied to its investigation and search warrant against the Municipal Employees’ Pension Fund.
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.
SCA clarifies RAF liability: ‘any person’ includes illegal foreigners
Neither the RAF nor the Minister of Transport can limit who qualifies for compensation under the Act.
SCA examines capitalised interest in applying the in duplum rule
Interest that accrues and remains unpaid does not escape the in duplum rule merely because it is capitalised.
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.
GAAR assessments cannot be rewritten in litigation, SCA rules
SARS cannot fundamentally alter the factual basis or remedy of an assessment issued under the general anti-avoidance rule provisions through a Rule 31 statement.
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.
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.
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.
SCA clarifies when liability disclaimers fail to exclude delictual claims
Exclusion clauses will not operate where indemnities are not properly concluded with each participant and brought to their attention.
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.
