Dispute Resolution
Court Rules: Public Liability Insurance Is Not a Free Pass for Careless Behaviour
Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation, with an increasing number of lawsuits being filed—even in cases where the objective facts do not justify legal action. […]
December 9, 2024
The Return of the Advisory Opinion
After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions. An advisory opinion is a written opinion by the Commission that provides the Commission’s interpretation of the Competition Act, 89 of 1998, applied […]
December 9, 2024|
Raising the Bar: Insights on Why Sub-Standard Expert Reports Fail in Court – Lessons from a Recent Insurance Repudiation Case
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 misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]
November 5, 2024
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 a home and its contents, the insured property remains assessable. However, other disputes are […]
November 1, 2024
What Could Happen When a Coalition Doesn’t Work: City of Tshwane as a Case Study
Who Will Guard the Guardians? The political landscape in our country has reached somewhat of a turning point following the national elections which saw the ANC falling below 50% nationally, and no single party winning more than 50% of the vote in provinces like Gauteng and Kwa-Zulu Natal. Coalition governments and the so-called ‘Government of […]
June 24, 2024
Repealing Legal Barriers: A Triumph for Freedom of Expression in South Africa
The recent repeal of the crime of criminal defamation in South Africa marks a significant victory for press freedom, and the right to freedom of expression. This significant development, enacted through the Judicial Matters Amendment Act No. 15 of 2023, dismantled a considerable obstacle to the constitutional right to freedom of expression, which subjected journalists […]
June 5, 2024
NHI LITIGATION INEVITABLE – HERE IS WHAT YOU NEED TO KNOW ABOUT THE NATIONAL HEALTH INSURANCE ACT
President Ramaphosa has promulgated the National Health Insurance (“NHI”) Act (“the Act”). The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later. Some of the institutions/groups which have […]
May 17, 2024
Failure to Know or Follow the Rules of Court: A Civil Procedure Pitfall for Legal Practitioners
A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow a rule correctly. The applicant sued the first and second respondents, seeking damages […]
May 13, 2024
ZUMA ELECTORAL COURT JUDGMENT
Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others (0015/24EC) [2024] ZAEC 05 (26 April 2024) On Friday, 26 Aril 2024, the Electoral Court published its heavily anticipated judgment, outlining the reasons for its decision on whether former President Jacob Zuma can contest the polls in the upcoming elections. The […]
April 29, 2024|
DISPUTE RESOLUTION MATTERS: A LAWYER ‘DODGES A BULLET’ AFTER HAVING RELIED ON NON-EXISTENT ChatGPT CASES IN COURT PAPERS!
In a judgment of 20 February 2024, by the Supreme Court of British Columbia, a lawyer who had relied on case law generated by ChatGPT dodged a figurative bullet when the court found that, given the circumstances of the case, she should not be slapped with a special cost order in her personal capacity. A […]
March 4, 2024
RIGHTS OF MINORITY SHAREHOLDERS IN TERMS OF THE SOUTH AFRICAN COMPANY LAWS
The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold. Shareholders are bound by the decisions of the board of directors as enacted through its resolutions. In principle, the rights which accrue from the ownership of […]
January 24, 2023|
Adams and Adams is pleased with another good outcome for Intercape
In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula’s appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks on Intercape’s long-distance buses. In the minister’s appeal, Mbalula argued that the court erred in requiring […]
January 11, 2023
Clarity for Crypto Asset service providers
Over the past few years, there has been a marked uptake in the trading of crypto assets, such as Bitcoin, Ethereum and Monero. These digital currencies often surpass regulatory scrutiny because they are not recognised as financial products. This has now changed. The Financial Service Conduct Authority (FSCA) has recently provided much-needed clarity on the […]
October 21, 2022
Power coupled with Duty, the Intercape story
Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers between the legislature, the executive and the judiciary create a carefully crafted balance, designed to deliver on the vision of the Constitution. If the balance is disturbed, the system […]
October 18, 2022