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Beneficiary disputes in living annuities – a wake-up call for insurers

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On 6 January 2026, the Pretoria High Court delivered judgment in a case concerning an insurance living annuity. The matter involved competing beneficiary nominations made shortly before the deceased’s death. Importantly, it highlights the risks associated with beneficiary disputes in living annuities.

Protests inside shopping centres – risks for management

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Public protest is a protected constitutional right in South Africa. However, when protest action moves into privately owned commercial environments such as shopping centres, different legal and risk considerations arise. In particular, protests inside shopping centres introduce complex liability questions.

Clarifying prescription in medical malpractice cases

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The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.

Cigarette packaging – a marketing tool or a regulatory instrument?

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Over the last several decades, governments worldwide have pushed strongly to regulate tobacco and tobacco products. Their goal is to reduce tobacco consumption. These efforts increasingly focus on stricter rules for cigarette packaging and related marketing practices. Beyond standardised packaging, governments now introduce complementary policies.

Nice Classification 13th edition adoption – key trademark changes

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South Africa has officially adopted the 13th Edition of the Nice Classification (NCL 13-26) with effect from 1 January 2026. The World Intellectual Property Office implemented this edition on the same date. The Companies and Intellectual Property Commission (CIPC) gave notice through Practice Note 3 of 2025, published on 9 December 2025. The notice confirms that the updated classification applies to all trademark specifications from 1 January 2026.

Employer immunity is not absolute for workplace incidents

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A recent judgment from the Mpumalanga Division of the High Court provides a crucial interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA). The decision explores the limits of employer immunity under COIDA when tragic incidents occur during employment, but not necessarily arise from it.

Provident fund contributions – employers must honour obligations

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When provident fund contributions are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal confirmed that employers remain bound to honour their obligations. This applies regardless of the probationary status of employees or any transfer of business.

Policy wording matters – US ruling offers cautionary tale for SA

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A recent decision from the United States Court of Appeals for the Seventh Circuit, in the matter between Hammond Power Solutions Inc. vs National Union Fire Insurance Co. (2025), provides important guidance on the interpretation of exclusions in commercial general liability (CGL) policies.

Rules of evidence – prove it or lose it

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The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment. This follows a dispute concerning the supply of liquid petroleum gas (LPG). The Plaintiff, a supplier of LPG, had provided the product to the First Defendant over several years.

Public liability insurance is not a free pass for careless behaviour

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Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.

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