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Articles by Keaoleboga Molefe
The effect of Avian Influenza on insuring South African poultry farming
Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for these events.
Lapsed 2012 interim interdict no basis to avoid electricity disconnection
The courts have to be more vigilant when granting applications for interim interdicts. The building belonging to 39 Van Der Merwe Street, Hillbrow CC (the Applicant) and the City of Johannesburg have been in an electricity dispute since 2012. The City disconnected the Applicant’s electricity supply and was met with successful interdicts from the Applicant in 2012, 2017, 2020 and March 2023.
Legal Privilege
A party to litigation can assert legal privilege when documents or any other evidence is obtained or brought into existence for purposes of such party’s submission to a legal advisor for legal advice and litigation is pending or contemplated as likely at the time. The facts in this case unpacked the principles of legal privilege.
No COIDA Claim for Assault by Protestors
Protectors over labour issues in the social development department caused injury to non-striking employee who was working as the Chief Director: Policy and Research. The employee instituted proceedings against the employers for the shock, humiliation which resulted in psychiatric injury and physically injuries she suffered at the hands of the protestors. The injuries occurred while she was at her place of employment and on premises where she was employed.
Beware of Accidental Cyber Coverage
A US appeals court reversed a judgment of the lower court which had declined to read-in cyber coverage in a commercial general liability policy. The insured operated retail properties and took out a commercial general liability policy (“the CGL Policy”) with the insurer.
Cannabis grow clubs held not legal by court
The applicant failed to persuade the Western Cape High Court to extend the right to privately cultivate cannabis established in the Minister of Justice and Constitutional Development and Others v Prince [2018] ZACC 30 to grow clubs.
Broker’s liability to clients (Australia)
This is an Australian case which concerns legal duties that a broker owes to its client (the insured) and the burden of proof that lies with the insured in showing whether brokers breached their legal duty. The broker provided the client with insurance brokerage services for over 30 years. The broker had obtained all-inclusive building and content insurance cover for the client.
Condonation for late notice of intention to sue
In Ndlovu v Member of the Executive Council for Police, Roads and Transport: Free State Province [2020 JDR 0340 FB] the notice was served 10 months and six days after the date of the incident that caused the action and bizarrely an application for condonation was only instituted five years later.
Condonation for late notice of intention to sue
Claimants who sue the State often have to apply for condonation for late notice, because the State must be notified of an intention to sue within 6 months of an incident occurring, and many claimants are unaware of this special time restriction.
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