Articles
NEWS ITEM
Unequal Playing Field in Credit and Consumer Market in South Africa
Unfair discrimination against low income consumers has become an increasing problem in South Africa. The problem at home is rooted in pre-democratic South Africa The Apartheid regime was not only responsible for the reinforcement of racial division and discrimination...
Child Maintenance – The Duty exists, but what if there is No Income?
The South African Maintenance Courts tend to be flooded with applications for maintenance orders against parents who deliberately avoid paying maintenance for their minor children. However, have you ever wondered what happens when a parent of a minor child genuinely...
Lack of Access to the law for the Elderly
South Africa is a country ridden with social ills, where the vulnerable often need specific protection. An example of such vulnerable groups are children, and our law has specifically made provisions to protect them with the Children’s Act. Society often disregards...
Converging blockchain and artificial intelligence : Potential to help inefficiencies in businesses?
Blockchain and artificial intelligence (hereinafter referred to as “AI”) have been touted as game-changers in both the private and public sectors, and are at the forefront of innovation across almost every industry. This is due to the extensive use and countless...
Creditors have better Memories than Debtors: What happens at the sequestration of a Debtor’s estate?
The highlight of the sequestration process is to make provision for a “collective debt” collecting process that will ensure a fair distribution of the debtor’s assets in circumstances where these assets are insufficient to satisfy all the creditors’ claims. This is to...
Claim Your Legal Remedy “Once and For All” or Forever Hold your Peace?
Brett N.O and Others v Kushner (2020) ZAECGHC 86 (“the case”) concerns an appeal from the Port Elizabeth Regional Court (“the trial court”) to the High Court of South Africa, Eastern Cape Division, Grahamstown and delineates the application of the “once and for all”...
A summary of The Financial Conduct Authority v Arch Insurance and Others (UK) Case
In the United Kingdom, the Financial Conduct Authority (“FCA”) representing policyholders, brought a test case under the United Kingdom High Court’s Financial Markets Test Case Scheme. The aim of this test case was to resolve contractual uncertainty around the...
Cannabis for Private Purposes Bill
The matter of the Minister of Justice and Constitutional Development v Prince (2018) ZACC 30 has gone down in the history books of the country as a turning point for the decriminalization of cannabis for private use by adults. The proceedings questioned whether the...
Further Unpacking Subrogation – the Don’ts
Short term insurance is regulated by the Short-Term Insurance Act no. 53 of 1998 as amended. The Policy holder ("Insured") can insure various items, whether it be household contents, motor vehicles or personal items. Insurance is important, in the sense that it...
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