Category: Finance

Reviewing ombud decision: No discretion exercised

Ombud for Financial Services Providers v CS Brokers CC Reviewing ombud decision but SCA decided that it was difficult to discern which factors weighed and occupied the Ombud’s mind when the decision was given and the SCA...

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Litigation authority challenged: Misunderstanding law

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Entrapment hearsay evidence: Reviewable irregularity?

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Disseminating false information: Destroyed trust

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Harassment claim rejected: Evidential onus considered

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Irrational illegal investigation: Protected disclosures?

Cawe v Public Protector of RSA In deciding that the investigation was not only irrational and illegal the high referred to the Public Protector’s claim that her power and jurisdiction justify extraordinary relief on the...

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Social origin differentiation: Objective assessment

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Unwanted unwelcome conduct: Undermining dignity self-worth

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Defining financial product: Identify before determination

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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