Is ‘bona fide inadvertent error’ a good defence when you’re slapped with an understatement penalty?
The Supreme Court of Appeal and the SA Revenue Service have different views on what exactly this term means.
Supreme Court of Appeal
Why policyholders complained to the short-term ombudsman in 2023
‘Lack of maintenance or wear and tear’ gave rise to most of the disputes in several categories of insurance.
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3Sixty Life petitions Supreme Court of Appeal over final curatorship order
This follows the High Court’s decision confirming its earlier judgment.
Ma-Afrika Hotels back in court with another business interruption case
The hospitality group says the lockdown restrictions discharged it from the liability to pay rent.
KeyHealth fails in bid to revoke agreement with healthcare brokerage
None of the events stipulated for triggering the termination of the agreement had taken place, Supreme Court of Appeal finds.
Supreme Court of Appeal rejects bid to overturn insurers’ liquidation
Did section 54(5) of the Insurance Act and the provisional curatorship orders preclude the final liquidation orders?
Why SCA rejected Zurich Insurance’s prescription defence in case over claim for damage to Gautrain tunnels
The Supreme Court of Appeal (SCA) has upheld the Gauteng provincial government’s claim against Zurich Insurance for the cost of repairing damage caused during the construction of tunnels for the Gautrain. The High […]
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 […]
‘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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Constitutional Court refuses to hear Bobroffs’ appeal
The Constitutional Court has refused to hear an appeal by former personal injury lawyers Ronald and Darren Bobroff against a Supreme Court of Appeal (SCA) judgment that ordered them to hand over more […]
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 […]
The case for simplifying policy wording
You, as an adviser, are legally required to explain all material clauses in a policy to enable your client to make an informed decision. What happens if some clauses are so clouded in […]
