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Tag Archives | Supreme Court of Appeal

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A parent can claim maintenance for adult dependent children on divorce, court rules

A parent can claim maintenance for adult dependent children from the other parent upon divorce, the Supreme Court of Appeal (SCA) has ruled. The judgment, penned by Acting Judge Pieter Meyer (with four judges concurring), has resolved the question of law – and the proper interpretation of sections of the Divorce Act – which has […]

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‘Instant loans’ sign was sufficient grounds for investigation by the National Credit Regulator

A sign outside a microlender’s premises advertising “instant loans” and an employee’s verbal information that interest of 30% a month was charged on short-term loans were reasonable suspicion for the National Credit Regulator (NCR) to initiate an investigation into contraventions of the National Credit Act (NCA). This was the finding of the Supreme Court of […]

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SCA thwarts man’s bid to keep assets from his wife during divorce trial

A wealthy Durban businessman has failed in his bid to “hide” more than R5.5 million from his wife. He had hastily established a trust and repaid his father an old debt. The Supreme Court of Appeal (SCA) has ruled that the timing was questionable, and in a unanimous judgment, confirmed that in divorce proceedings courts […]

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Fica verification: can accountable institutions ask for too much information?

The recent Supreme Court of Appeal (SCA) case of Nedbank Limited v Houtbosplaas (Pty) Ltd and Another raises interesting considerations for accountable institutions aiming to comply with their obligations under the Financial Intelligence Centre Act (Fica). We discuss the case in detail below, asking: Is there a danger in an accountable institution asking for more […]

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SCA judgment ‘puts fund retirement members’ accrued benefits at risk’

The Supreme Court of Appeal’s “deeply disturbing” decision in the case of Municipal Employees’ Pension Fund vs Pandelani Midas Mudau puts at risk the accrued retirement benefits of millions of fund members, says pension fund attorney Rosemary Hunter. Read: Supreme Court of Appeal upholds amended rule affecting withdrawal benefits The court’s ruling that a retirement […]

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pension-fund

Supreme Court of Appeal upholds amended rule affecting withdrawal benefits

The Municipal Employees Pension Fund (MEPF) and its administrator, Akani, have won another court case – this time in the Supreme Court of Appeal (SCA) – that upheld the retrospective application of an amended rule that reduces members’ withdrawal benefits. Read: Adjudicator overstepped her authority in deciding that pension fund’s rule did not apply retrospectively […]

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Dispute between KGA Life and Multisure goes to Supreme Court of Appeal

KGA Life has been granted leave to appeal the Eastern Cape High Court’s judgment that ordered it to release the group funeral scheme it underwrote for Multisure Corporation. It was hoped that the High Court’s ruling would bring legal certainty on the implications for group funeral schemes of the 2018 amendment to the Policyholder Protection […]

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Post Office hid behind Sassa beneficiaries to avoid paying retirement fund contributions

Post Office ‘hid behind’ Sassa beneficiaries to avoid paying retirement fund contributions

The SA Post Office (Sapo) adopted an “opportunistic” and “cynical” approach when, while claiming to be concerned about the rights of social grant beneficiaries and its customers, it infringed the rights of its employees and sought, through “legal sophistry”, to place itself above the law. This was the view of the Supreme Court of Appeal […]

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