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South Africa Case Law

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Competition Law [2010] ZACT 5

Santam Limited v Emerald Insurance Company Limited and Another (57/LM/Aug09)

Santam Limited v Emerald Insurance Company Limited and Another (57/LM/Aug09) [2010] ZACT 5; [2009] 2 CPLR 453 (CT) (27 January 2010)

The Tribunal approved Santam’s acquisition of Emerald and ERT without conditions, rejecting a failing firm claim and finding no substantial competition harm.

  • Merger Control
  • Failing Firm Doctrine
  • Market Definition
  • Countervailing Power
  • Solvency Requirements
  • Merger-control
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Banking And Finance [2009] ZAGPJHC 43

Registrar of Medical Schemes v Solvita Medical Scheme (2008/02548)

Registrar of Medical Schemes v Solvita Medical Scheme (2008/02548) [2009] ZAGPJHC 43 (24 April 2009)

The court held that section 53(2) of the Medical Schemes Act does not require the Registrar to obtain prior approval of the High Court before launching a winding-up application; approval is inherent in the granting of the order. The respondent was found to be insolvent, operating in breach of statutory membership and solvency requirements, and unable to pay its liabilities. The court found that the respondent's benefit options were not financially sound and liable to be withdrawn. The urgency of the application was justified by the imminent expiry of the guarantee securing claims and the ongo…

  • Medical Schemes Act
  • Winding Up
  • Insolvency
  • Urgent Relief
  • Solvency Requirements
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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.