Introduction: It is not uncommon for financial services representatives (“the representatives”) who are debarred to run out of time to file their reconsideration applications. There have been, over the years, various reasons submitted to the Financial Services...
Commercial Litigation
GUARDIANS OF THE GALAXY…
The needs and requirements of minor children are a vast galaxy of intricate concepts regulated by a minor child’s guardian. In terms of the South African Children’s Act (38 of 2005) a minor child’s biological parents automatically have parental rights and...
Food delivery scooters and road accidents – can you claim from the RAF?
Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death. Following the COVID-19 pandemic, with most people choosing to stay indoors, the food delivery industry...
CRITICAL FACTORS FOR CONSIDERATION BY FINANCIAL SERVICES’ REPRESENTATIVES & KEY INDIVIDUALS WHEN CHALLENGING A DEBARMENT DECISION
Introduction: It is often said that South Africa’s financial sector is one of the most highly regulated in the world. This is certainly true if one has regard to the several ‘financial sector laws’ (see Schedule 1 of the Financial Sector Regulation Act) that regulate...
ANOTHER WIN FOR WOMEN
The legislature continues to play catchup in Family Law to ensure that the law is aligned with the Constitution and the goals which South Africa wishes to receive as a democracy, including equality. Our legislation as it stands does not regulate some religious...
The Ticking Clock of Justice: Understanding Prescription in Medical Malpractice Claims
Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes....
RISE IN UNNATURAL DEATHS’ INSURANCE CLAIMS: HOW DO LIFE POLICIES AND THESE CLAIMS WORK?
There have been reports regarding the rise of non-indemnity claims stemming from unnatural deaths. This is certainly worrying for life insurers. This is particularly concerning because life insurers have had to entertain several claims in the past couple of years due...
Truck Arson on the Rise Again: What This Means for the Insurance Industry?
The past few weeks have been engulfed with flames of truck arson attacks in South Africa. Over 20 trucks have been torched in various provinces including Mpumalanga, Limpopo, Kwa-Zulu Natal, etc. While the sudden rise in these incidents is undoubtedly worrisome, one...
All for One, One for All
Twenty-nine years into democracy, our society continues to evolve and undertake efforts to reverse the injustices of our past. The legislature plays a huge role by changing legislation to ensure that it is in line with the goals South Africa wishes to achieve. The...
MiWAY NOT GETTING ITS WAY IN A CAR THEFT CASE: VICTORY FOR THE INSUREDS
INTRODUCTION The North Gauteng High Court recently handed down a judgment which will undoubtedly gain support from many policyholders. Whilst the matter specifically relates to a car insurance claim, the principles laid down in this case will certainly find...
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