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  • Article

    When Does Conduct Constitute Financial Advice?

    In this matter, the claimants approached Ms Moolman in her capacity as a financial advisor for advice on how best to invest their "spare money".
    South AfricaFinance and Banking
    Hogan Lovells
    Hogan Lovells
  • Article

    Legitimate Expectation Doctrine: Form Over Substance?

    Our Courts have missed another opportunity to definitively deal with the contentious question of whether a substantive legitimate expectation is competent in South African law.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
Article

Verification Of Clients Under FICA And The Dangers Of Asking For Too Much

The recent case of Nedbank Limited v Houtbosplaas (Pty) Ltd and Another raises interesting considerations for accountable institutions aiming to comply with their obligations under the...
South AfricaCorporate/Commercial Law
ENS
ENS
  • Article

    Carrying Weapons During Strike Action: Potential Ground For Dismissal

    Whether an employer is justified in dismissing employees carrying weapons during a protected strike.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    A Shorter Road For Those Aggrieved

    The Registrar of Pension Funds' locus standi to review the decisions of the Appeal Board in South Africa.
    South AfricaFinance and Banking
    Clyde & Co
    Clyde & Co
  • Article

    Banks Can Breathe A Sigh Of Relief, As Pretoria High Court Declines To Extend Delictual Liability For Pure Economic Loss

    The Sasfin Bank Limited vs SARS judgment delivered last week dealt with the crossroads of tax enforcement, banking regulation and law of delict.
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    NSFAS' Decision To 'Defund' The Postgraduate LLB Programme Was Found To Be Reasonable

    The Supreme Court of Appeal (the "SCA") in NSFAS v Moloi had to determine whether the Pretoria High Court erred in reviewing and setting aside the decision...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    What Are The Implications Of The Recent SCA Judgment For Firearm Owners?

    The South African Constitutional Court previously held that "(G)un ownership is not a fundamental right under our Bill of Rights. It is a privilege regulated by law, under the Firearms Control Act."
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    A Clear View On Disclaimers

    The South African Supreme Court of Appeal ("SCA") recently handed down its judgment in the trade mark case of Cochrane Steel Products v Jumalu Fencing.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Professional Supervision Services: Negligent And Gratuitous Services

    Cases involving the giving of negligent, but gratuitous advice by professionals do not often frequent the law reports.
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Section 18 Applications: Who Bears The Onus?

    In Sonae Arauco (SA) Pty Ltd v Mbombela Local Municipality and Others, the full bench of the Mbombela High Court heard an urgent appeal in terms of section 18(4)(ii) of the Superior Courts Act...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Requirement Of Joint And Unanimous Action By Trustees

    The decision of the Supreme Court of Appeal ("SCA") in Shepstone & Wylie Attorneys v De Witt has reaffirmed that, unless the trust deed provides otherwise, trustees must act jointly for the trust to be bound by their acts.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Building Spats Offer No Defence For Guarantors

    Allegations of poor workmanship at President Jacob Zuma's Nkandla homestead have recently made headlines again following an official visit to the estate by MPs and members of the media last month.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Supreme Court Of Appeal Confirms Its Decision Regarding Trading Stock Obsolescence

    Given the wide discretion afforded to SARS in this respect, SARS' Practice Note No. 36 issued on 13 January 1995 (Practice Note 36) provides some guidance on the subject.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Strategic Litigation Decisions And Prescription: A Cautionary Tale

    A private hospital patient's leg amputation following an untreated ruptured aneurysm led to complex medical negligence litigation involving multiple defendants. When the plaintiff's legal team delayed suing a key physician based on a strategic decision to pursue vicarious liability, the court had to determine whether the claim had prescribed under South Africa's three-year limitation period.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Litigation In Times Of Lockdown

    The announcement of the National Lockdown by President Cyril Ramaphosa on 23 March 2020, in an attempt to contain the spread of COVID-19, had many South African businesses scrambling to amend their standard practices.
    South AfricaCoronavirus (COVID-19)
    Tabacks
    Tabacks
  • Article

    No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

    In April 2026, the Pietermaritzburg High Court set aside a subpoena issued against the Auditor-General of South Africa (“AGSA”), finding that it had not been issued for a bona fide or lawful purpose and amounted...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    SCA Ruling: Ownership Requires Proof, Not Just Assertion

    In the case of Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd, the Supreme Court of Appeal ("SCA") had to determine whether Zoviflo (Pty) Limited ("Zoviflo") had established...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Interpretation Of The Tax Administration Act In The Context Of SARS’ Powers To Recover Tax

    The Tax Administration Act 28 of 2011 came into effect on 1 October 2012 (save for certain provisions that are still to come into force).
    South AfricaTax
    ENS
    ENS
  • Article

    The Privilege Checklist

    What is the difference between privilege and confidentiality?
    South AfricaCorporate/Commercial Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Showing 541–560 of 638 results

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