POPI Act - Friend or Foe (Bizcommunity)

Is the Protection of Personal Information (POPI) Act just another piece of legislation trumped up by politicians or is it just good business practice that has been neglected over the years? Gone are the days when companies can be lackadaisical in their approach to the protection of their client's personal information. Ignoring the POPI Act will soon result in hefty fines and even jail sentences.


Bread Cartel Appeal causes Rise for Concern

The Supreme Court of Appeal handed down its judgement relating to the action for damages instituted by a number of parties who regard themselves as having been injured by the cartel activity of Premier Foods, Tiger Food Brands, Foodcorp and Pioneer Foods in the so-called 'bread carte


Autonomous Vehicle Liability: Not Automatic Yet

 Autonomous Vehicle Liability: Not Automatic Yet

A recent blog post asked a complicated question around the increasingly popular topic of insurance liability for accidents that involve autonomous vehicles (AVs — vehicles that can, as prototypes today, drive themselves on everyday streets and highways). The question is less than straightforward because it invokes ethics, but also implies a technological prowess that is more romantic than real.___ysedpaste___


Motorists Big Insurance Victory

Motorist’s big insurance victory


Durban - In a judgment keenly awaited by motorists and the insurance industry, a Durban engineer has won a battle against his insurance company which refused to pay him out for a car accident because he had not disclosed two previous accidents for which he had never claimed.


Assisted Suicide Case Unconfirmed

Assisted Suicide Case Unconfirmed

According to an article in the Cape Times on Thursday ( 16 July 2015), euthanasia campaigner Sean Davison, is yet to respond to reports that he is helping another terminally ill patient to die. 



Same Sex Marriage Finally Legalised in the US


Same Sex Marriage Finally Legalised in the US


If you have been hiding under a rock the last couple of days and don't yet know, the US made history on the 26th of June and finally legalise same-sex marriages. South Africa has been ahead in the game for a while now, having legalised same sex marriages since the 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes (thanks Wiki!). 


In duplum

In the 1998 Supreme Court of Appeal (SCA) matter of Standard Bank of South Africa Ltd v Oneanate investments (Pty) Ltd (in liquidation) 1998 (1) SA 811 the court held that the operation of the in duplum rule was suspended from the date of service of process commencing legal proceedings until judgment in the matter was deliveredThis meant that as soon as litigation proceedings were initiated, there was no limitation on the amount of interest a creditor could claim from a debtor until the date of judgment.


Cyber Liability Claims

Cyber Liability Claims

30 years ago we never thought we would be using the internet (what ever that was 30 years ago) to do everything, from finding a location to answering life's' simplest questions and looking at someones life through social media channels. The world really has gone wide in this web of online clouds. Its no wonder that us, as attorneys specialising in insurance, have to become aware and knowledgeable about Cyber Liability Claims. Time to ensure that the policies our clients have in place today, can embrace the fast changes that the world of cyber technology is throwing at us.


New Social Media platform for lawyers

Mootis.com was started in the UK and is about to be released into South Africa. It is a social media platform for lawyers, whereby you can look up professionals by their expertise, law firm and regions. Mootis.com also allows you to link to your other social media pages such as Twitter and Facebook. 


Ownership of land by foreigners in South Africa

Ownership of land by foreigners in South Africa

There are currently no restrictions on the ownership of land by foreigners in South Africa. However, in President Jacob Zuma's 2015 State of the Nation address, the President indicated that, in terms of the proposed Regulation of Land Holdings Bill (the proposed Bill) which will be submitted to Parliament during the course of this year, 'foreign nationals' will no longer be allowed to own certain types of land in South Africa (although they will be allowed to enter into long-term leases over all types of land). This announcement has caused widespread concern and confusion, both in South Africa and among foreign investors. As a result, the Presidency released a statement on 14 February 2015 in an attempt to clarify the announcement


Romans Pizza Eat Humble Pie

Be careful not to discriminate! In a recent case, Roman's Pizza was ordered to publicly apologise and pay R200,000 to a Durban family for refusing them a licence to operate a halaal franchise of the chain because they are not Muslim.


Subrogation (Insurance)

Interesting article of five loss scenarios frequently missed as a result of a failure to identify a recovery opportunity. Before a subrogation recovery can be successfully pursued, success depends on the last person looking at the claim file before closure. That person must be adept at identifying recovery potential or there is automatic failure.



South Africas Protection of Personal Information

What does POPI do? South Africa’s Protection of Personal Information Act (POPI) governs the manner in which personal information is collected, stored, used, disseminated and deleted. Personal information has a wide meaning and includes information which identifies and relates to living individuals (gender and employment history) and existing corporates (company contact details and correspondence of a confidential nature).