David Kassel v Thompson Reuters (Markets) SA (16/34227) [2018] ZAGPJHC 413; 2019 (1) SA 251 (GJ) (12 June 2018)

SUMMARY Mr Kessel (“Applicant”) was a non-executive director of Mbada Diamonds Ltd (“Mbada”), which was a joint venture with the Zimbabwean Government. The Applicant relinquished his position as a non-executive director of Mbada on 8 October 2014. Thompson Reuters (“Respondent”) has an international database of Politically Exposed Persons (“PEPs”) and provides a service to subscribers
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The National Treasury v Kubukeli (20567/2014) [2015] ZASCA 141 (30 September 2015)

SUMMARY The National Treasury (the “First Appellant”) mandated a team of investigators to conduct an in-depth investigation relating to allegations of financial irregularities in respect of the hiring of motor vehicles by the executive mayor of the OR Tambo District Municipality (the “Second Appellant”). Pumlanni Kubukeli (the “Respondent”) is employed by the Second Appellant as the
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Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another (CCT296/17) [2019] ZACC 2 (1 February 2019)

BACKGROUND AND SUMMARY On 1 February 2019, the Constitutional Court of South Africa, upheld an appeal and replaced the order of the Competition Appeal Court, instead ordering that the proposed transaction between Hosken Consolidated Investments Limited (“HCI”) and Tsogo Sun Holdings Ltd (Tsogo) in 2017 did not constitute a notifiable merger in terms of s13A
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Centriq Insurance Company Limited v Oosthuizen and Another (237/2018) [2019] ZASCA 11 (14 March 2019)

SUMMARY This is an appeal by Centriq Insurance (Centriq) against a ruling holding it liable to its insured member, a financial advisor (Mr Castro), under a professional indemnity policy.   Mr Castro advised Mrs Marisa Vogel Oosthuizen (the Respondent), who is a widow, to invest the proceeds of her deceased husband’s policy in an amount
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CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018) [2019] ZASCA 53 (1 April 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld a decision of the High Court of South Africa, Gauteng Local Division, Johannesburg (the “court a quo”), concerning a decision adopted by written consent of the majority of directors in terms of section 74 of the Companies Act No. 71 of 2008 (the
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De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)

SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
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Misrepresentation in Insurance

Introduction This article deals with the topic of misrepresentations in the insurance industry and explores instances where insurers can repudiate insurance policies. Good Faith in Insurance Policies In the case of Mutual & federal Insurance Co Ltd v Oudtshoorn Municipality (1985) (1) SA 419 (A), the courtheld that all contracts are subject to good faith
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The CSOS Dispute Resolution Process in a Nutshell

Introduction Are you a living in a Sectional Title Scheme, Home Owners Association, Share Block or any other type of Community Living set up? Then you will understand the many advantages of living in a scheme of this nature. These so called ‘Community Schemes’ are believed to offer security benefits and are becoming the newest
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Pexmart CC v H. Mocke Construction (Pty) Ltd [2018] ZASCA 175 (SCA).

SUMMARY In 2009, Hein Mocke (“Mocke”) registered H. Mocke Construction (Pty) Ltd (“Mocke Construction”), the First Respondent herein, so as to secure and procure the business of gold mining companies in respect of pipelining projects. Mocke had a competitive edge within the industry in terms of his revolutionary pipelining process, which entailed the rehabilitating and
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How you can legally “revolt” against taxes

As a young professional, it is not necessary to revolt against paying taxes in order to protect your hard earned income. As important as it is to have independent financial advice when starting out your career, so too is continual tax planning. By understanding the tax implications of your financial products and investments, you will
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