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The Appellate Division, in Mutual and Federal v Oudtshoorn Municipality, took their repeal to mean that the Roman-Dutch law of insurance is now the common law for insurance. "There is no South African statute which lays down the need for a so-called insurable interest," and Roman-Dutch law had no discrete doctrine of insurable interest.
South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the Constitution of the Republic of South Africa Act, 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may ...
General Accident Insurance Co South Africa Ltd v Xhego and Others [1] is a case in the South African law of delict, particularly the area of compensation for motor vehicle accidents. The case was heard in the Appellate Division, by Joubert JA, Van Heerden JA , Smalberger JA, F H Grosskopf JA and Van Coller AJA, on November 18, 1991, with ...
South Africa's main opposition party, joined by some labour and business groups, said on Tuesday it would go to court to fight a bill aimed at providing universal health coverage, which President ...
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
Section 39(2) of the Constitution of South Africa provides that, "When interpreting any legislation... every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights." Section 39(2) has far-reaching implications for statutory interpretation, especially in the context of constitutional litigation. [32]
The man who authorities say tried to carry out a mass shooting in Yellowstone National Park last year spewed racist views months before his attempted attack, prosecutors said in court documents ...