Content included in the latest edition of our update includes numerous Draft Bills, law firm and journal articles, and commentary on judgments. Also featured is World Energy Transitions Outlook 2024 published by the International Renewable Energy Agency (IRENA).
Our Legal Update provides a condensed version of the content available in our extensive subscription-based newsletters. For further details, please contact us at alert@lexinfo.co.za or visit our website at https://www.lexinfo.co.za/newsletters.
Attorney Alert: 11 November 2024 |
The following draft Bills are referenced in this week’s edition of the Attorney Alert:
Constitution Nineteenth Amendment Bill, 2024 – GN5529 GG 51526 p64 8Nov2024
Health Professions Amendment Bill, 2024 – GN5531 GG 51526 p74 8Nov2024
Local Government: Municipal Structures Amendment Bill, 2024 – GN5530 GG 51526 p66 8Nov2024
Remote Gambling Bill, 2024 – GN5532 GG 51526 p76 8Nov2024
The following Government Gazette notice is also included:
Electronic Communications Act 36 of 2005: Proposed policy direction to the Independent Communications Authority of South Africa on phasing out the 10177, 10111 and 107 emergency numbers. Comments invited within 30 days of publication. – GN5502 GG 51499 p16 1Nov2024
Several articles are featured, such as:
Maphumulo, Mtho. Raising the bar: Insights on why sub-standard expert reports fail in court – Lessons from a recent insurance repudiation case. [Mthethwa v MiWay Insurance Ltd (84333/2017) [2024] ZAGPPHC 1095 (16 October 2024)] – 2024 Nov 5 Adams & Adams
Mokomane, Reliance Bongani. Restorative justice as an alternative response to student academic dishonesty in South African higher education institutions. – 2024 (27) Potchefstroom Electronic Law Journal
Moosajee, Aslam and Omar, Zameer. Who holds the rights to a gravesite? [Johannesburg City Parks and Zoo and Another v GMZ (A2023/027196) [2024] ZAGPJHC 863 (10 September 2024)] – 2024 Nov 5 ENS
Venter, Zelda. Judge questions expert reports in RAF cases. [PMM v Road Accident Fund (873/2019) [2024] ZALMPPHC 152 (24 October 2024)] – 2024 Nov 7 Pretoria News
Employment and Labour Law Alert: 11 November 2024 |
Monday’s edition contains a reference to the latest Labour Appeal Court judgment:
Several recent Labour Court judgments are referred to, including the following concerning dismissals:
City of Cape Town v Independent Municipal and Allied Trade Union (IMATU) obo Quinton and Others (C82/2023) [2024] ZALCCT 51 (6 November 2024)
Mafete v Commission for Conciliation, Mediation and Arbitration and Others (JR1479/21) [2024] ZALCJHB 418 (17 October 2024)
Nkabinde v Public Health and Social Development Sectoral Bargaining Council and Others (JR1866/22) [2024] ZALCJHB 394 (13 September 2024)
Also featured is the following journal article:
Maimela, Charles; Lepele, Seipati and Mahumela, Tshilidzi. Is the open-ended nature of the common law duty to disclose by an applicant or employee fair and just? – 2024 38(1) Speculum Juris
Insurance Law Alert: 12 November 2024 |
This week’s edition contains a reference to the following law firm article regarding a recent High Court judgment:
Maphumulo, Mtho. Raising the bar: Insights on why sub-standard expert reports fail in court – Lessons from a recent insurance repudiation case. [Mthethwa v MiWay Insurance Ltd (84333/2017) [2024] ZAGPPHC 1095 (16 October 2024)] – 2024 Nov 5 Adams & Adams
The latest Financial Services Tribunal decisions are included, such as:
Also featured is the following journal article:
Mabe, Zingapi and Mbiriri, Edith. Excluding life and insurance benefits from insolvent estates: A comparative study of South Africa, England and Wales, and the United States of America. – 2024 (27) Potchefstroom Electronic Law Journal
Health Law Alert: 13 November 2024 |
Wednesday’s edition contains a reference to the following article regarding a recent High Court judgment:
Ruiters, Tracy-Lynn. Court upholds mom’s claim of medical negligence. [NZ v Member of the Executive Council for Health: Western Cape (8734/2017) [2024] ZAWCHC 349 (1 November 2024)] – 2024 Nov 8 Cape Argus
A notice of intention to introduce the Health Professions Amendment Bill in Parliament was published in the Government Gazette (GN5531 GG 51526 p74 8Nov2024).
Also featured is the following Council for Medical Schemes Appeals Committee ruling:
Energy Law Alert: 14 November 2024 |
This week’s edition contains references to the following High Court judgments:
Rand Airport Holdings (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality and Another (24823.22) [2024] ZAGPPHC 1072 (25 October 2024) regarding development charges levied for the provision of external bulk engineering services;
Vresthena (Pty) Ltd t/a Tuscany v Rustenburg Local Municipality (CIV APP MG13/2023) [2024] ZANWHC 280 (11 November 2024), an appeal concerning the disconnection of the electricity and water supply to the applicant’s business premises.
Also featured is World Energy Transitions Outlook 2024 published by the International Renewable Energy Agency (IRENA).
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Image design: Daniélle Geldenhuys
Date posted: 15 November 2024