Legal Updates 13 - 17 November 2023

Attorney Alert Issue 45: 13 November 2023

Our premium newsletter features references to the following e-publications published by

the University of Johannesburg:

• African Principles on the Law Applicable to International Commercial Contracts

• The Impact of COVID-19 on the Future of Law and Related Disciplines

• Landmark Constitutional Cases that Changed South Africa

Several judgments are included, including seven judgments handed down by the Supreme Court of Appeal such as:

• Becker and Others v Financial Services Conduct Authority and Others (454/2022) [2023] ZASCA 149 (10 November 2023)

• Lueven Metals (Pty) Ltd v Commissioner for the South African Revenue Service (728/2022) [2023] ZASCA 144 (8 November 2023)

• Majope and Others v Road Accident Fund (663/2022) [2023] ZASCA 145 (8 November 2023)

Also included are journal articles from the latest editions of Journal of Money Laundering Control, Potchefstroom Electronic Law Journal and South African Law Journal such as:

• Ally, Nurina. Clearing the red tape – Towards a balanced regulatory framework for early childhood development. – 2023 (26) Potchefstroom Electronic Law Journal

• Lupton, Cayle. Illegal wildlife trade: The critical role of the banking sector in combating money laundering. – 2023 26(7) Journal of Money Laundering Control p181

• Smith, Bradley S. Prescient precedent: PAF v SCF (SCA) and a new paradigm for testing whether a trust has been abused to manipulate a spouse’s accrual (or redistribution) liability at divorce. – 2023 140(4) South African Law Journal p697

Other highlights include the following Gazette notices:

• Children’s Amendment Act 17 of 2022. Commencement of sections 1, 2, 3, 6, 7, 8(a), (b), (c), and (d), 9, 10, 13 and 14 on 8 November 2023. – Proc142 GG 49615 p3 8Nov2023

• White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa. Comments are invited on or before 19 January 2024. – GN4061 GG 49690 p3 10Nov2023

October highlights available here.

Employment and Labour Law Alert: 13 November 2023

The latest edition contains a reference to the following SCA judgment:

• De Nysschen v Government Employees Pension Fund and Others (864/2022) [2023] ZASCA 147 (9 November 2023)

The following High Court judgment is also included:

• Dlomo v Director-General: State Security Agency and Another (B38737/2022) [2023] ZAGPPHC 1864 (25 October 2023)

Other highlights include Labour Court decisions such as:

• Alexcor SOC Ltd and Another v Carstens and Another (J1053/2021) [2023] ZALCJHB 308 (27 October 2023)

• Mapa Cleaning Technologies CC v Kgawane and Another (J1009/23) [2023] ZALCJHB 305 (24 October 2023)

• Puma Energy South Africa (Pty) Ltd v Sekete (J1190/23) [2023] ZALCJHB 298 (24 October 2023)

October highlights available here.

Insurance Law Alert: 14 November 2023

This week’s issue includes references to the following judgments:

• Becker and Others v Financial Services Conduct Authority and Others (454/2022) [2023] ZASCA 149 (10 November 2023)

• De Nysschen v Government Employees Pension Fund and Others (864/2022) [2023] ZASCA 147 (9 November 2023)

Other highlights include:

• Dinnie, Donald. Insurance – Breach of warranty and material misrepresentation. [Samchem Corporation (Pty) Ltd v Compass Insurance Company Ltd (2021/27074) [2023] ZAGPJHC 1233 (30 October 2023)] – 2023 Nov 8 Norton Rose Fulbright: Financial Institutions Legal Snapshot

• Rammila, Davy. Evaluating the potential impact of National Health Insurance on medical scheme members’ rights to have access to health-care services in South Africa. – 2023 (27) Law, Democracy and Development p360

October highlights available here.

Health Law Alert: 15 November 2023

This specialised legal newsletter includes information on issues such as:

• the collapse of the healthcare system in the Eastern Cape;

• the drawing to a close of the Life Esidimeni inquest;

• the efforts to contain a diphtheria outbreak in the Western Cape;

• unfounded cases of medical malpractice burdening the healthcare system.

October highlights available here.

Energy Law Alert: 16 November 2023

The latest edition includes information on issues such as:

• Eskom being given the green light to start up the reactor at Koeberg unit 1;

• reactions to the deployment of the SANDF to combat illegal mining;

• the arrests of suspects for illegal mining-related charges and the efforts underway to seal unused mines;

• the launch of the Voluntary Carbon Market in South Africa.

The draft South African National Petroleum Company (SANPC) Bill, 2023 has been published for comment in the Government Gazette on 13 November 2023.

The following judgment dealing with the jurisdiction of foreign courts is also included: Nkwe Platinum Ltd v Genorah Resources (Pty) Ltd and Others (30712/2023) [2023] ZAGPPHC 1868 (27 October 2023).

October highlights available here.

For questions or comments, email us: alert@lexinfo.co.za

Stay Informed. Stay Ahead. Stay Legal.

Published: 17 November 2023