Misrepresentation in Insurance
Tuesday, 02 April 2019
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
The CSOS Dispute Resolution Process in a Nutshell
Tuesday, 02 April 2019
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
- Published in 2019, News, Property Law
Pexmart CC v H. Mocke Construction (Pty) Ltd [2018] ZASCA 175 (SCA).
Monday, 01 April 2019
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
- Published in 2019, News, Unlawful competition
How you can legally “revolt” against taxes
Wednesday, 27 March 2019
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
Misrepresentation in Insurance
Tuesday, 26 March 2019
By Musa Mathebula, Associate and Lauren Squier, Candidate Attorney 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
Is my Sale of Land Agreement Valid? Common Mistakes that Mess Up Deals
Tuesday, 26 March 2019
By Chantelle Gladwin-Wood, Partner and Divina Naidoo, Candidate Attorney Introduction This article explores some of the more common mistakes that often crop up in practice, when sale agreements are drafted using precedents that are not properly altered by qualified professionals. Every deal is unique and proper advice should be sought on every deal, lest a
- Published in News, 2019, Property Law
H S v J S (1025/2016) [2019] ZAFSHC 2 (7 March 2019)
Tuesday, 26 March 2019
SUMMARY On or about 22 December 2016, the Honourable Justice Daffue J granted a decree of divorce in the unopposed motion court which included a deed of settlement pertaining to the care and residency of the two minor children born from the marriage which existed between the Applicant and Respondent. At the time, the parties
- Published in Family Law, children, News, primary care
Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7 (19 February 2019)
Tuesday, 26 March 2019
BACKGROUND Allan Long (“the Applicant”) was previously employed by South African Breweries (Pty) Ltd (“the First Respondent”) as its district manager for the Border District. He was responsible for legal compliance in respect of the First Respondent’s operations in the Border District, including the requirements pertaining to a fleet of vehicles. On 10 May 2013,
- Published in 2019, Labour Law, News
Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019).
Tuesday, 26 March 2019
SUMMARY This judgment concerns an Arbitrator’s award made by Commissioner Malubane Buti at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). On analysis of the factual matrix, Exxarro Ferro Alloys (Pty) Ltd(“the Employer”) dismissed Lesiba Kekana (“the Employee”) following an internal poor work performance enquiry into the Employee’s consistent poor work performance (failing to meet
- Published in 2019, Labour Law, News
