Without Prejudice - latest Issue
Volume 16, Issue 11, Dec 2016
Author Myrle VanderstraetenSource: Without Prejudice 16, pp 4 –4 (Dec 2016)More Less
Well, here we are at the end of 2016. It has been an interesting year punctuated by surprise political change globally. In Britain, the High Court ruled that parliamentary approval and a vote from the MPs is required in order for Article 50 to be triggered. Lord Chief Justice Thomas ruled that the government’s arguments are “contrary to fundamental constitutional principles of the sovereignty of parliament”. This rather kiboshes Prime Minister May’s plan to start the exit EU process. It is said that many people did not anticipate the cost of Brexit and would do an about turn. Might the outcome of a possible snap general election change things? As for a President Donald Trump – no-one saw that coming or we all believed that it couldn’t happen. At least it took our minds off our own political woes.
Author Mokhutwane PhookoSource: Without Prejudice 16, pp 8 –9 (Dec 2016)More Less
Source: Without Prejudice 16, pp 9 –9 (Dec 2016)More Less
OLDMAN V LONGLIFE INSURANCE COMPANY LIMITED
Foss-Harbottle J: I have been brought out of retirement to help with the end-of-year rush. The refusal by the defendant insurer to pay this life insurance claim is, I was told in argument, at the instigation of the English reinsurer.
Author Mokgaetsi TlhokaSource: Without Prejudice 16, pp 10 –11 (Dec 2016)More Less
South Africa has become a home to many immigrants fleeing political and economic turmoil. Each year, thousands of immigrants enter South Africa illegally in search of greener pastures. With no legal documentation regulating their status in South Africa upon arrival, most of the immigrants end up occupying properties unlawfully.
Source: Without Prejudice 16, pp 13 –14 (Dec 2016)More Less
Mrs M was killed in an alleged hijacking on 3 September 2006. There were four life insurance policies on her life at the time of her death. The policies had been taken out in 2005 and 2006. Mrs M owned two of these policies, while her ex-husband was the owner of the other two. The beneficiary of all four policies was Mr M. Mr and Mrs M were divorced several years before her death, for business reasons, Mr M said.
Author Beric CroomeSource: Without Prejudice 16, pp 15 –15 (Dec 2016)More Less
On 26 October 2016 the Minister of Finance tabled the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, Bill 19 of 2016 in Parliament when he introduced the so-called Mini Budget. This Bill contains the legislation regulating the Special Voluntary Disclosure Programme (“SVDP”) which commenced on 1 October 2016 and which will come to an end on 30 June 2017. The Bill, as tabled confirms that the SVDP will run for nine months as opposed to the originally announced period of six months. Subsequently, on 22 November, the Finance Standing Committee proposed that the SVDP period should be extended by a further two months. The SVDP will now end on 31 August 2017 instead of 30 June 2017.
Author Andrew KnightSource: Without Prejudice 16, pp 17 –18 (Dec 2016)More Less
Many people seem to think that secrecy and tax avoidance – which is not unlawful – are the only reasons why international financial centres exist. This is not the case. International financial centres are important parts of the international financial system, they channel resources effectively, and in a tax neutral manner, into investment in both developed and developing economics and thriving industries.
Source: Without Prejudice 16, pp 20 –20 (Dec 2016)More Less
In our article "Corporate transparency and the right to information" published in the July issue of without prejudice (pages 8 and 9), we discussed the Supreme Court of Appeal's (SCA) finding in Nova Property Group Holdings Ltd and Others v Cobbett and Another 2016 (4) SA 317 (SCA). That is, that s26(2) of the Companies Act (71 of 2008) confers an absolute and unqualified right on members of the public and, importantly, the media, to access the securities registers of profit companies and, accordingly, that the motive for seeking such access is irrelevant.
Source: Without Prejudice 16, pp 22 –23 (Dec 2016)More Less
On 21 September 2016, the Western Cape High Court handed down judgement in the case of Tyre Corporation Cape Town (Pty) Ltd and Others v GT Logistics (Pty) Ltd and Others (Rogers J)  ZAWCHC 124, in terms of which the court considered, among other questions:
- whether GT Logistics (Pty) Ltd (Company) could be placed into business rescue despite it being commercially and/or factually insolvent; and
- if the answer to question 1 was in the affirmative, were reasonable grounds for the belief that the Company could be rescued established?
Author Justine KrigeSource: Without Prejudice 16, pp 24 –25 (Dec 2016)More Less
The extent of the right of access to information is frequently the subject of legal challenges. Information about the identities of persons behind companies is particularly topical given the recent "Panama Papers" exposé – the largest ever leak of data concerning companies registered in offshore tax havens famed for their secrecy. The Panama Papers have exposed how people often exploit the secrecy offered by these jurisdictions to conceal corporate activity and, in many cases, fraud and corruption.
Author Phillip KrugerSource: Without Prejudice 16, pp 26 –27 (Dec 2016)More Less
Much has been written in the past about the doctrine of Constructive Notice, and the application of the Turquand rule. Further, a fairly large body of case law clarified the application of the doctrine of Constructive Notice, the rules relating to establishing whether a representative of a company had ostensible authority to act, and when the application of the Turquand rule could aid third parties who have entered into a transaction.
Author Leishen PillaySource: Without Prejudice 16, pp 27 –28 (Dec 2016)More Less
Legislative developments currently afoot in South Africa are set to change the way in which businesses outsource their technology operations. These changes will have an effect on the way in which businesses interact with their outsource service providers, the most substantial effect being that businesses will have to accept more responsibility, and be accountable for the personal information outsource service providers process.
Author Michele Van EckSource: Without Prejudice 16, pp 28 –29 (Dec 2016)More Less
Many contract drafters view the domicilium provision as a so-called boilerplate, which is often copied from one contract to another. This copy-and-paste phenomenon creates the risk that updates in the law and circumstances do not always find their way into a domicilium provision.
Source: Without Prejudice 16, pp 29 –30 (Dec 2016)More Less
The global demand for green energy has been increasing for a number of years. While electricity utilities have created the majority of this demand, a new trend has developed over the past few years as corporates seek to procure clean energy from independent power producers (IPPs). Despite its seemingly complex and risky nature, corporate power purchase agreements (Corporate PPAs) provide a useful, and cost effective way for companies to acquire clean power, while ticking a number of other boxes.
Author Gail SchimmelSource: Without Prejudice 16, pp 31 –31 (Dec 2016)More Less
Source: Without Prejudice 16, pp 32 –33 (Dec 2016)More Less
Secret nude recordings did not violate child porn laws
Arbitration decision tossed because chair lied about being a lawyer
Probable cause decision has tragic result
Service of process via Twitter allowed in ISIS funding case
Data on judges’ tendencies analysed and released
Facial recognition may be unreliable
The Trump win could put legal industry “on steroids”
Former attorney general is sentenced to jail
Bullying abounds at BigLaw firms often goes unaddressed
Web bugs used to track emails sent to opposing counsel
New York partner resigns after probe into improper expense requests
Parole turned down after 63 years in jail
Resumés showing wealth help men but not women
Attorney general apologises for Dred Scott citation
Judge helped tackle defendant who resisted handcuffing