Skok David N.O. v Dumbrill and Others (43769/2018) [2022] ZAGPJHC 1017 (19 December 2022)
Court
South Gauteng High Court, Johannesburg
Case number
43769/2018
Judge
Van der Berg AJ
The High Court held that a company’s insurance policy proceeds belonged to the company, not the shareholder’s estate, and dismissed a tacit-term claim.
Van der Walt NO en Ander v Piet Bester Makelaars Bk en Ander (4359/2010) [2010] ZAFSHC 160 (9 December 2010)
Court
Free State High Court, Bloemfontein
Case number
4359/2010
Judges
A Kruger, R
High Court exception ruling: the account claim survived, but the widow’s insurance-proceeds claim was struck out for insufficient pleading, with leave to amend.
Botha v Botha (393/04) [2006] ZASCA 6; 2006 (4) SA 144 (SCA) ; [2006] 2 All SA 221 (SCA) (9 March 2006)
Court
Supreme Court of Appeal
Case number
393/04
Judges
Harms, Brand, Conradie, Lewis, Van Heerden
The Supreme Court of Appeal set aside a partial forfeiture order in a divorce matter after finding the trial court relied on factors outside section 9(1).
Sections 44(1) and (2) of the Insurance Act discriminate against married women by limiting their entitlement to life insurance policy proceeds ceded or effected in their favour by their husbands, while no similar limitation applies to husbands. This discrimination is based on sex, a prohibited ground under section 8(2) of the Constitution. The respondent failed to provide a reasonable or justifiable basis for this distinction, and the legislative purpose of protecting creditors can be achieved without gender discrimination. The provisions cannot be justified under section 33 and are therefore…