Legal

The recent Constitutional Court ruling in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service puts pressure on President Cyril Ramaphosa to reveal the tax records of the Tshivhase Trust, owner of Phala Phala.

The Supreme Court of Appeal held in June 2023 that a forklift is not a motor vehicle as defined in the Road Accident Fund Act of 1996 which defines a ‘motor vehicle’ as “any vehicle designed or adopted for propulsion or haulage on a road by means of fuel, gas or electricity …”.

Rather than conducting a proper investigation to trace who should be allocated a death benefit, a retirement fund decided to go “through the back door” and allocate the benefit to the deceased’s estate. This follows the decision of the South African Retirement Annuity Fund to pay a death benefit into the deceased’s estate following the death of its member.

Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Underinsurance arises when the amount for which an object is insured is less than the actual value thereof.

As technology continues to advance rapidly, governments worldwide are grappling with the need to regulate various aspects of the digital realm. South Africa, a leading economy on the African continent, has not been immune to this global trend.

On 28 June 2023, the High Court handed down a landmark judgment where the decision by the Minister of the Department of Home Affairs (DHA) not to extend the longstanding Zimbabwean Exemption Permit (ZEP) after 31 December 2021 was found to be invalid, unlawful, and unconstitutional.

The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims to introduce an array of significant amendments to the Electronic Communications Act 36 of 2005 (ECA).

A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”.

South Africa's Minister of Finance increased the maximum fines that the Independent Regulatory Board for Auditors can impose on auditors for misconduct.

On Wednesday, 24 May 2023, the Minister of Trade, Industry and Competition (MTIC) published the Energy Users Block Exemption and Energy Supplier Block Exemption. The Energy Users Block Exemption allows for collaboration between energy users to respond to the current electricity supply constraints subject to a process of notification to the Competition Commission and the Department of Trade, Industry and Competition (DTIC).