SCA remits case dealing with protection of insurance benefits from insolvency claims
At issue is whether a death benefit received by a surviving spouse is protected from the creditors of an insolvent joint estate.
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SCA upholds pre-commencement tax debts in business rescue
The Supreme Court of Appeal confirms that re-quantifying a tax debt post-rescue commencement doesn’t create a new, preferential liability – cementing SARS’s place as a concurrent creditor under an approved rescue plan.
Medical expenses | Court grants leave to appeal in member’s dispute with RAF
The outcome of Discovery Health’s appeal before the SCA will affect the outcome of the member’s claim for R1.4 million.
Dual‐citizenship ban ruled unconstitutional after 30 years
The Constitutional Court declares invalid the section of the South African Citizenship Act that automatically revoked citizenship upon acquisition of another nationality.
SCA dismisses former hedge fund manager’s bid to stay prosecution
The appeal court upholds the High Court’s finding that neither the prosecutorial delay nor Marc van Veen’s brain-tumour diagnosis warrant a permanent stay.
SCA clarifies pawnbroker’s rights to proceeds from asset sales
The judgment addresses several aspects of the National Credit Act, including the obligation to register as a credit provider and permissible interest charges.
The three-month rule: how divorce impacts your will
A little-known legal provision can have major consequences for divorced individuals who do not update their wills.
Akani-CINPF dispute with NBC: SCA states reasons for dismissing appeal
The Supreme Court of Appeal did not address the substantive issues, finding that a change in circumstances rendered the appeal moot.
How the dispute between the RAF and Discovery unfolded
Discovery Health’s quest for reimbursement from the RAF for medical expenses incurred by road accident victims has faced multiple legal hurdles, with new RAF directives complicating the situation.
SCA upholds order to release full Steinhoff forensic report
The judgment highlights the impact of Steinhoff’s collapse on retirement funds and the public’s right to understand the nation’s biggest corporate scandal.
Constitutional Court clarifies CGT in multi-tier trust arrangements
The court’s interpretation and application of the conduit principle has implications for structures involving layers of multiple discretionary trusts.
Important lessons from the Constitutional Court in the Coronation case
The departure point in determining whether a company qualifies for the foreign business establishment tax exemption is what it actually does.
SCA rules on an arbitrator’s powers in disputes over arrear maintenance
The appellant contended that the arbitration clause in the settlement agreement conflicted with section 2(a) of the Arbitration Act.
Constitutional Court’s ruling in tax dispute a relief for SA multinationals
Coronation withdraws cautionary to shareholders following victory in litigation with SARS over the foreign business establishment tax exemption.
SCA rules on composition of Financial Services Tribunal panels
Litigation between Trustco and the JSE over the group’s financial statements.
SCA clarifies when an insurance policy is a joint one
The appeal court also confirms the principles relating to the link between a notifiable disease and causation in respect of business interruption policies.
SCA overturns precedent-setting cyber-crime judgment
The High Court’s judgment opened the door to unlimited claims against businesses whose clients suffered losses because of email interception.
