On 28 March 2025, the Minister of Electricity and Energy (Minister) issued a significant determination under section 34(1)(b) of the Electricity Regulation Act, 2006 (ITP Determination) addressing the urgent need for an improved electricity supply infrastructure in South Africa. The determination lays the foundation to ensure the security of South Africa’s energy supply by introducing
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Failing to call key factual witnesses can lead to adverse inferences being drawn
In March 2025, the High Court reaffirmed the well-established principle that the failure to call a key witness in litigation may result in adverse inferences being drawn against the party who elects not do so.
In this case, the claimant instituted an action for damages against a security services company following an incident in which…
Employment Equity Regulations, 2025 and Determination on Sectoral Numerical Targets in Effect: What designated employers need to know
The Employment Equity Regulations, 2025 came into effect on 15 April 2025, repealing and replacing the 2014 Regulations. Also in effect from 15 April 2025 is the Determination on Sectoral Numerical Targets which applies to 18 national economic sectors. The new Regulations and Determination introduce a significantly more prescriptive and compliance-driven framework, particularly for designated…
Broker Liability, Causation and Double Insurance (UK)
“Double insurance arises where the same party is insured with two (or, as is said to be the position in this case, more) insurers in respect of the same interest on the same subject matter against the same risks. It is common ground that, subject to the meaning of the other insurance clause in the…
Sale, and option lease held not to be a simulated credit agreement.
This blog is co-authored by Neshalia Nayagar, trainee associate.
On 21 February 2025, the Supreme Court of Appeal (SCA) held that the sale and lease transactions did not constitute credit agreements under the National Credit Act (NCA) and were not disguised or simulated agreements which were concluded on terms to avoid the provisions of the…
Product Recall Policy Exclusion (Australia) – Part 3
Part 1 and Part 2 discuss the insured’s claim for property damage indemnity resulting from incorporation of defective aluminium plate in customer’s products.
The insurers CGU also unsuccessfully argued the application of the products recall exclusion in the policy. The policy excludes insurer’s liability for:
“6.14 Products and Work Performed
6.14.2 the cost of or damages…
Property Damage Insurance and Physical Injury to Tangible Property (Australia) – Part 2
The primary policy dispute in the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited is discussed in our previous blog here.
The insurers also argued that the installation of the defective plate did not damage the property at all and it in fact “improved” the vessel, so the claim must be…
Property Damage Insurance and Physical Injury to Tangible Property (Australia) – Part 1
The 276 paragraphs of the appeal judgment in Insurance Australia Limited t/as CGU Insurance V Capral Limited contains a very detailed and useful review of multiple jurisdictions approach to the meaning of property damage within property, general products and liability policies including Australia, Canada, the United States, and the United Kingdom.
The insured claimed under…
The media and digital platforms market inquiry provisional report: Implications for South Africa’s media landscape
This blog was co-authored by Adriaan Lourens, candidate attorney.
In February 2025, the Competition Commission released the Media and Digital Platforms Market Inquiry Provisional Report. The Report examines the impact of global digital platforms, such as Google, Meta, and Microsoft, on South Africa’s local media industry. It addresses key concerns regarding advertising revenue distribution, algorithmic…
Mitigating the Impact of US Tariffs on South African Exporters: Collaborative Export Arrangements and the Competition Act
This blog was co-authored by Adriaan Lourens, candidate attorney.
In response to President Donald Trump’s recent imposition of steep tariffs on South African imports into the United States, local exporters may be exploring ways to mitigate the negative impact on their businesses. One appealing strategy might be for local businesses to collaborate, by sharing costs,…