A court’s take on the timely assessment of insurance claims
Policyholders and insurers alike should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. The case concerned a claim for specific performance in terms of a life insurance policy. The policyholder lodged a claim with his insurer through its authorised agent on or about 27 September 2017.
Assessing SA’s patent system amid BHP’s attempted Anglo American takeover
As South Africa contemplates the vast implications of BHP's proposed takeover of Anglo American, a closer examination of both companies’ patent portfolios is critical, not just for stakeholders but for the broader patent system in the country.
The Joint Standard 2 of 2024 on cybersecurity & cyber resilience...
The Financial Sector Regulation (FSCA) and the Prudential Authority (PA) published Joint Standard 2 of 2024 on Cybersecurity and Cyber Resilience Requirements on 17 May 2024. The Joint Standard 2 of 2024 (Joint Standard) applies to all financial institutions as defined in the Joint Standard. It sets out the requirements for sound practices and processes relating to cybersecurity and cyber resilience for financial institutions.
Does the Labour Court have jurisdiction to hear matters that have...
A recent Labour Court matter, Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) involved an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an applicant who was employed by the municipality.
The revised final Public Interest Guidelines – a merger analysis
The South African Competition Commission has published its final revised Public Interest Guidelines relating to merger control. The guidelines serve to clarify the commission’s stance on public interest factors as set out in the Competition Act 89 of 1998 (as amended).
The ins & outs of international arbitration
While emotions might run high during a business disagreement, choosing the right dispute resolution method is a practical decision. Dispute resolution attorneys understand this and that it is inevitable for disputes to arise. For this reason, companies must grasp and understand how international arbitrations work, so as to be well-equipped to navigate disputes effectively when they occur.
South Africa’s initial step to establish an AI policy & regulatory...
At the AI Government Summit on 5 April 2024, the Department of Communications and Digital Technologies (DCDT) launched South Africa’s Artificial Intelligence (AI) Planning Discussion Document with the purpose of the discussion document being to initiate discussion between the public and private sector to facilitate AI innovation.
Landmark ruling – criminal records no longer a hiring barrier
In a recent landmark ruling, the Labour Court's decision in the case of Connor v Lexisnexis (Pty) Ltd (P18/24) [2024] ZALCPE 11 sheds light on the evolving stance towards employing individuals with a criminal record. The court's acceptance of the employee's claim for unfair discrimination underscores a fundamental shift in perspective, advocating for fairness and inclusivity in the workplace.
NHI Act – long road ahead of litigation likely
President Ramaphosa has promulgated the National Health Insurance (NHI) Act. The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later.
Amending the NHI – a complex process beyond government’s narrative
The recent statements by ANC parliamentary chief whip Pemmy Majodina regarding the National Health Insurance (NHI) bill's ‘amendability’ have highlighted a significant misunderstanding of the law making process. Majodina's assurance that the bill can be amended if necessary, simplifies a complex legislative and judicial process.
