CONTACT US
Featured Articles
Passengers on international flights should be careful not to transport valuable items in their baggage unless the value is specifically declared to the airline, or such items are insured.
One frequently reads English judgments on insurance law where Canadian, Australian and New Zealand cases are referred to. It seems clear that in the apartheid years the English courts lost the habit of looking to South African decisions for comparative reasoning. We can repay some of the debt owed to English law and that English lawyers will find useful decisions among the body of South African case law.
The Supreme Court of Appeal recently upheld an appeal reversing a judgment of the Pretoria High Court that time barring clauses in insurance contracts are unconstitutional. The position now is that these clauses are valid and enforceable. This is really important is you intend claiming from your insurer because if you don't launch proceedings within the time period specified, you will probably lose your ability to claim from them.
The question of whether or not regulatory bodies can be held liable for damages for a negligent, incorrect decision was considered in the case of Matrix Vehicle Tracking v Advertising Standards Authority South Africa (the ASA) - an independent body established and sponsored by the advertising industry to ensure that its system of self regulation works in the public interest.
Recent developments in the pension funds industry
The Pension Funds Adjudicator has ruled that pension benefits now accrue to the divorced spouse of the member on the date of the divorce settlement.
Owners of licensed airfields have an onerous obligation to ensure that services provided to pilots are adequate, safe and reliable. There is little room for error. There is a general statutory and common law duty to maintain an airfield in a proper manner and to warn pilots of problems that may endanger safe operation to and from the airfield.