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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 1361

Johan Theron Makelaars CC and Another v Chairperson for Office of Ombud and Others (72880/2019)

Johan Theron Makelaars CC and Another v Chairperson for Office of Ombud and Others (72880/2019) [2024] ZAGPPHC 1361 (24 December 2024)

Court
North Gauteng High Court, Pretoria
Case number
72880/2019
Judge
K La M Manamela

High Court review of FAIS Ombud and Tribunal decisions over Sharemax investment complaints, setting aside most reimbursement and cession orders for unfairness and legal error.

  • Judicial Review Under Paja
  • Fais Act Compliance
  • Ombud Jurisdiction
  • Prescription Of Claims
  • Procedural Fairness
  • Financial Services Provider Liability
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Administrative Law [2022] ZAGPPHC 934

Kgwerano Solutions (Pty) Limited v Transnet SOC Limited and Another (22782/21)

Kgwerano Solutions (Pty) Limited v Transnet SOC Limited and Another (22782/21) [2022] ZAGPPHC 934 (30 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
22782/21
Judge
S S Madiba

The court dismissed an application to compel an ombud to clarify its award, holding the ombud was functus officio and the applicant had not established mandamus requirements.

  • Ombud Jurisdiction
  • Functus Officio
  • Mandamus
  • Bid Procurement Dispute
  • Contractual Liability
  • Costs Award
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Banking And Finance [2021] ZASCA 54

Impact Financial Consultants CC and Another v Bam NO and Others (856/2019)

Impact Financial Consultants CC and Another v Bam NO and Others (856/2019) [2021] ZASCA 54; [2021] 3 All SA 83 (SCA) (30 April 2021)

Court
Supreme Court of Appeal
Case number
856/2019
Judges
Navsa, Makgoka, Dlodlo, Goosen, Unterhalter

The Supreme Court of Appeal set aside FAIS Ombud determinations after finding the true financial product had not been established before liability was decided.

  • Financial Advisory And Intermediary Services Act
  • Ombud Jurisdiction
  • Negligence
  • Causation
  • Reviewable Error
  • Fais-act
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Administrative Law [2017] ZAGPPHC 812

Ombud for Financial Services Providers v Harms NO and Others (46293/15)

Ombud for Financial Services Providers v Harms NO and Others (46293/15) [2017] ZAGPPHC 812 (22 February 2017)

Court
North Gauteng High Court, Pretoria
Case number
46293/15
Judge
N B Tuchten

The High Court held that the Ombud for Financial Services Providers lacked standing to review an appeal panel decision overturning her own determination.

  • Ombud Jurisdiction
  • Financial Services Regulation
  • Procedural Fairness
  • Standing To Review
  • Appeal Board Procedure
  • Standing-to-review
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.