High Court upholds surety deed despite electronic signature hurdles
The decision in favour of Momentum Metropolitan Life affirms the importance of substance over form in electronic surety agreements.
Author: Mark Bechard
Two (?) VAT hikes and no adjustments to the income tax brackets
A comprehensive round-up of the tax proposals affecting individual taxpayers and consumers.
SRD grant is a temporary relief measure, says Social Development department
Financially squeezed government wants to overturn a judgment declaring aspects of the SRD regulations unconstitutional.
Netcare lawsuit: private investigator’s evidence admissible under POPIA
The High Court rules that surveillance evidence is lawful under POPIA when it serves the defence of a legal right. The ruling allows Netcare to use the evidence in its defence against a multimillion-rand lawsuit.
SA won’t get off the grey list in June – Treasury now aiming for October
South Africa is yet to demonstrate ‘sustained effectiveness’ in investigating and prosecuting serious money laundering and terrorist financing activities
MPs push for deeper financial sector transformation
The Finance and the Trade and Industry committees will engage with roleplayers from across the sector before finalising a report that will be tabled in Parliament.
Broker’s acknowledgment of debt falls outside National Credit Act
The High Court overturns a lower court’s decision in favour of a financial adviser whose commissions were clawed back.
Majority judgment ‘does not alter’ RAF’s liability for medical scheme members’ claims
The High Court in Cape Town rejects the Road Accident Fund’s contention that the Mlambo judgment has altered the legal landscape.
PPS takes its mutual insurance model to the broader SA market
It says the new business division, called glu, provide members with straightforward insurance solutions and profit-sharing.
Court ruling on SRD grant could deepen the government’s fiscal crisis
The judgment strikes down restrictive aspects of the grant regulations, ordering the government to increase the grant and ensure that no eligible applicants are excluded.
Retirement fund secures R14m order against municipality and its officers
The High Court describes the municipality’s persistent challenges to the fund’s applications as an example of the destruction of the country’s constitutional ethos.
ConCourt divided over employers’ right to dismiss post-retirement employees
Can an employer rely on section 187(2)(b) of the Labour Relations Act when dismissing an employee who has worked beyond the normal or agreed retirement age?
Discovery to appeal ‘far-reaching’ judgment in favour of RAF
The High Court says Discovery Health misconstrued the scope of the judgment that set aside the RAF’s first directive on the payment of medical scheme members’ claims.
High Court reinforces key principles of disclosure in insurance
Applicants must fully disclose all relevant information during underwriting, even if it was divulged in past applications.
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.
R300m a year: the price tag of administering the two-pot system
The FSCA is evaluating whether administration fees are reasonable. If it believes they are not, it will explore whether it is necessary to cap or regulate fees.
Agreement can’t override an FSP’s duty to initiate debarment proceedings
The High Court rules on a former employee’s contention that the FSP’s notice of intention to debar was a breach of their settlement agreement.
