INTRODUCTION South Africa protects the rights of minorities or previously marginalised groups through legislative and constitutional means. The right to equality is constitutionally entrenched. Section 294 of the Children’s Act 38 of 2005[1] (hereinafter referred to...
Litigation
INSURANCE LAW: INSURANCE POLICIES TO LOOKOUT FOR DURING THE FESTIVE SEASON
The festive season is upon us, and everyone is eagerly looking forward to their much-needed break. It is the “crazy season,” with lots of buying, travelling, partaking in various adventurous activities, etc. An unfortunate reality is that during the festive season,...
ZURICH INSURANCE COMPANY ‘HIT BY ROCK MASS’ IN THE GAUTRAIN TUNNEL
The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early...
Will grieving parents ever have a voice regarding the disposal of foetal remains? VOICE OF THE UNBORN BABY NPC AND ANOTHER V MINISTER OF HOME AFFAIRS AND ANOTHER [2022] ZACC 20
The Constitutional Court recently delivered a judgement which overturned the High Court’s ruling that certain sections of the Births and Deaths Registration Act 51 of 1992 (hereinafter referred to as “BADRA”) were unconstitutional due to there being a prohibition on...
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...
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,...
Impact Of Loadshedding On Medical Negligence Cases
Introduction Eskom, the country’s only public power utility, is seriously battling to meet the electricity power demands of the population, and this is likely to have catastrophic consequences for the healthcare system. In recent weeks, several government officials...
Rule 42(1)(b): Ambiguities, Errors and Omissions in Court Orders or Judgments
There are instances where a court order or judgment contains mistakes, ambiguities, or omissions which the court must correct or clarify to the litigants. Often, the purpose of such clarification/correction is to ensure that the proper and true intended purpose of the...
HOME & HOUSE CONTENTS INSURANCE CLAIMS AMID ENDLESS LOADSHEDDING
South Africa’s energy crisis seems to be getting worse by the day, and there is no end in sight. Eskom, the only public energy supplier who has in the past received massive financial injections from the government, seems to be helpless at this point. There are many...
Claiming under a life Insurance policy where the deceased body is missing
Introduction: The major events of recent years, particularly in South Africa, including the 2021 July civil unrest and 2022 Durban floods, have brought forth an issue that is not often entertained due to the rarity of such events, and that is whether it is possible to...
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