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Misrepresentation in Insurance

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
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Is my Sale of Land Agreement Valid? Common Mistakes that Mess Up Deals

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
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H S v J S (1025/2016) [2019] ZAFSHC 2 (7 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
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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)

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,
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Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 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
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