On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly...
Commercial Litigation
A self-sustaining problem: how government’s failure to staff its hospitals adequately increases the risk of medical malpractice in State Hospitals
On 27 September 2024, the High Court in Pretoria held the MEC for Health of the Mpumalanga Provincial Government (“the Defendant”) liable for the injuries a minor child sustained during his birth on 19 December 2010. In particular, the Court found that the...
Policy Limits vs. Property Damage: Lessons from Hurricane Ian
Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to...
Recognition of Customary Marriages Act
GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES: Section 4(3)(b) of the Recognition of Customary Marriages Act 120 of 1998 states that a customary marriage entered into after the commencement of the Act must be registered within a period of three months after...
IN THE MIDST OF THE KOLISI DIVORCE
The world was informed of the Kolisi divorce via social media and shortly thereafter various memes, jokes, unsolicited opinions, recommendations, and the like followed. It is heart-wrenching that South Africans are unable to acknowledge the great trauma and heartache...
Hard on crime, soft on sentencing: the dilemma of lenient sentences imposed in South Africa
We see it weekly in the news, “South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested”. But what happens to these suspects arrested and charged in counterfeit goods matters? Make no mistake, the...
Access to Information from Public Bodies: Balancing Commercial and Public Interests under the PAIA
Overview The Constitution guarantees the right of access to information held by the state to uphold the principle of accountability, which forms a foundation of our democracy. The Promotion of Access to Information Act 2 of 2022 (the PAIA) imposes 'reasonable and...
But-For Test in Action: Uncovering the Contractual Liability Exclusion in D&O Policies
Directors and Officers (D&O) insurance policies often exclude claims arising from actual or alleged contractual liability. These exclusions typically prevent coverage when the company or an insured person is sued for breaching a contract or failing to fulfil...
Weather Whiplash: Why Insurance Is More Essential Than Ever!
The snowfall last week, which impacted much of KwaZulu-Natal and parts of the Free State, serves as yet another reminder of South Africa's increasingly unpredictable weather patterns. In 2023, Johannesburg also experienced a light snowfall, though it was far less...
DEBT CRISIS IN SOUTH AFRICA: ARE PRESERVATION ORDERS THE ULTIMATE LIFELINE FOR CREDITORS?
Introduction: South Africans are among the most highly indebted people in the world. With the unemployment rate showing no signs of improvement, there is no end in sight for this crisis. Persistent socio-economic issues are also exacerbating the situation. The...
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