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South Africa Case Law

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Family And Children [2024] ZAFSHC 112

D.B v B.J.B (40/2024)

D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)

Rule 43 divorce interim relief partly granted: maintenance set at R10,000 monthly, bond payments and insurance reinstatement ordered, but relocation and legal-cost contributions were refused.

  • Rule 43 Interim Relief
  • Maintenance Pendente Lite
  • Contribution To Legal Costs
  • Relocation Expenses
  • Bond Payment
  • Short Term Insurance
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Civil Procedure [2023] ZANCT 35

Mokgoke v Momentum Insure Company Limited (NCT/279251/75(1)(b) - Rule 34)

Mokgoke v Momentum Insure Company Limited (NCT/279251/75(1)(b) - Rule 34) [2023] ZANCT 35 (20 September 2023)

The Tribunal refused condonation for a late direct referral, finding the dispute fell outside the CPA because it concerned a short-term insurance contract.

  • Condonation
  • Jurisdiction
  • Insurance Contracts
  • Consumer Protection Act
  • Short Term Insurance
  • Insurance-contracts
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Civil Procedure [2023] ZAECELLC 9

Ngqeleni v Outsurance (Pty) Ltd (933/2022)

Ngqeleni v Outsurance (Pty) Ltd (933/2022) [2023] ZAECELLC 9 (4 May 2023)

The High Court held that the defendant was misdescribed in the pleadings and granted leave to amend, with attorney-and-client costs against the defendant.

  • Misnomer
  • Amendment Of Pleadings
  • Breach Of Contract
  • Short Term Insurance
  • Amendment-of-pleadings
  • Civil-procedure
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Commercial And Corporate [2017] ZANCT 93

Miya v MiWay Insurance Company Limited (NCT/43934/2016/75(1)(b))

Miya v MiWay Insurance Company Limited (NCT/43934/2016/75(1)(b)) [2017] ZANCT 93 (4 August 2017)

The National Consumer Tribunal refused leave to refer a short-term insurance dispute directly to it, holding that it lacked jurisdiction over the matter.

  • Consumer Protection Act
  • Jurisdiction Of Tribunal
  • Short Term Insurance
  • Financial Services Exclusion
  • Consumer-protection-act
  • Tribunal-jurisdiction
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Competition Law [2017] ZACT 23

Guardrisk Insurance Company Limited v RMB Structured Insurance Limited's Personal Lines, Commercial Lines and Smart Device Insurance Business Managed by CIB Proprietary Limited (LM235Mar17)

Guardrisk Insurance Company Limited v RMB Structured Insurance Limited's Personal Lines, Commercial Lines and Smart Device Insurance Business Managed by CIB Proprietary Limited (LM235Mar17) [2017] ZACT 23; [2017] 1 CPLR 292 (CT) (22 June 2017)

The Competition Tribunal approved Guardrisk’s acquisition of RMBSI’s insurance business managed by CIB, finding no substantial competition or public interest concerns.

  • Large Merger Review
  • Market Share Analysis
  • Public Interest
  • Short Term Insurance
  • Unilateral Effects
  • Competition-law
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Competition Law [2016] ZACT 61

Santam Limited v Absa Insurance Company Limited's Intermediated Commercial Lines Business (LM014APR16)

Santam Limited v Absa Insurance Company Limited's Intermediated Commercial Lines Business (LM014APR16) [2016] ZACT 61 (12 September 2016)

The Competition Tribunal approved Santam’s acquisition of ABSA Insurance Company’s intermediated commercial lines business, subject to a one-year no-retrenchment condition.

  • Large Merger Review
  • Public Interest Employment
  • Market Definition
  • Short Term Insurance
  • Retrenchment Conditions
  • Large-merger-review
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Competition Law [2014] ZACT 88

One Mutual Investment (Pty) Ltd v ABSA Insurance Risk Management Services Ltd (018390)

One Mutual Investment (Pty) Ltd v ABSA Insurance Risk Management Services Ltd (018390) [2014] ZACT 88; [2014] 1 CPLR 126 (CT) (7 March 2014)

The Competition Tribunal approved One Mutual Investment’s acquisition of ABSA Insurance Risk Management Services unconditionally, finding no substantial lessening of competition.

  • Merger Control
  • Market Share Analysis
  • Horizontal Overlap
  • Public Interest
  • Short Term Insurance
  • Merger-control
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Competition Law [2012] ZACT 79

Momentum Group Ltd v Momentum Short-Term Insurance Company Ltd (66/LM/Jun12)

Momentum Group Ltd v Momentum Short-Term Insurance Company Ltd (66/LM/Jun12) [2012] ZACT 79 (3 September 2012)

The Competition Tribunal unconditionally approved Momentum Group’s acquisition of the remaining 50% of Momentum Short-Term Insurance Company.

  • Merger Control
  • Short Term Insurance
  • Market Share Analysis
  • Merger-control
  • Competition-law
  • Short-term-insurance
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Competition Law [2012] ZACT 76

PSG Konsult Ltd v Western Group Holdings Ltd (71/LM/Jul12)

PSG Konsult Ltd v Western Group Holdings Ltd (71/LM/Jul12) [2012] ZACT 76 (28 August 2012)

The Competition Tribunal unconditionally approved PSG Konsult’s acquisition of control over Western Group Holdings, finding no substantial competition or public interest concerns.

  • Merger Control
  • Market Structure
  • Public Interest
  • Short Term Insurance
  • Merger-control
  • Market-structure
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Commercial And Corporate [2011] ZAECPEHC 60

Birch, Sidney Bonnen t/a LF Birch & Son v Santam Ltd (712/2011)

Birch, Sidney Bonnen t/a LF Birch & Son v Santam Ltd (712/2011) [2011] ZAECPEHC 60 (30 September 2011)

The High Court held that the insured’s stop-payment instruction amounted to repudiation, so the short-term policy was not in force when the fire loss occurred.

  • Insurance Contracts
  • Repudiation
  • Declaratory Relief
  • Policy Cancellation
  • Short Term Insurance
  • Application Vs Action Proceedings
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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.