NEWS & ARTICLES

LindsayKeller’s regular articles inform our clients of court rulings and new legal precedents in the insurance and other sectors. Read about new legislation and groundbreaking matters.

01May 2019

How minors are charged, tried and sentenced in the South African legal system

Crimes committed by the youth is a major social problem nationally and internationally. However, there is very limited information on the issue in South Africa. According to the latest available statistics, there were about 26 000 people between the ages of 14 and 21 in the justice system and about [...]

20Feb 2019

What does legalising the private use of cannabis mean for ordinary citizens?

On 18 September 2018, the Constitutional Court of South Africa confirmed a ruling by the Western Cape High Court that specific laws criminalising the private use, possession, purchase and cultivation of cannabis by adults are unconstitutional. The Constitutional Court held that certain statutory provisions are unconstitutional because they infringe on [...]

05Nov 2018

Wrongful death of breadwinner gives dependants cause to claim

Is there a just cause to claim from the Road Accident Fund (RAF) when a deceased breadwinner was the sole cause of an accident? The common law stipulation of the law of delict, (section 3, ss 17, 19 and 21) of the Road Accident Fund Act can help explore this [...]

28Aug 2018

Living customary law and its effect on customary marriages

Our courts have highlighted the difficulties they experience in determining which customary law applies to a particular case. This challenge also has a bearing on customary marriages. In 2000, the Recognition of Customary Marriages Act 120 of 1998 came into effect. Section 3(1) of the Act lists the requirements for [...]

03Aug 2018

Making insurance accessible for low-income earners

The first insurance company in South Africa was founded in 1835. It was called the Zuid-Afrikaansche Brand en Levensversekering Maatschappy (South African Fire and Life Insurance Company), now known as Old Mutual. A decade after its inception, many other prominent insurance companies were established.Over the years, the insurance industry has [...]

09Jul 2018

Establishing a testamentary trust to manage assets for minors

A testamentary trust is the most commonly used form of trust in South Africa. It is created by a trust clause in a will, in which the testator bequeaths assets to the trust and stipulates the terms and conditions that will apply to the trust. A testamentary trust only comes [...]

23May 2018

Drivers in single vehicle collisions may claim from RAF

RAF v Abrahams judgement opens the way for single vehicle claimants Most personal injury litigants know that when it comes to single motor vehicle collisions, we are inclined to conclude that the driver was solely responsible and therefore the Road Accident Fund (RAF) is not liable to compensate. However, we [...]

16Feb 2018

Courts must actively prevent homelessness in eviction matters – Constitutional Court

The Constitutional Court of South Africa recently ruled that an eviction promoting homelessness is illegal, even if the residents that stand to be evicted technically agreed to it. This unanimous judgment, delivered by Mojapelo AJ, has placed a specific duty on the courts to proactively "probe and investigate" all circumstances [...]

LindsayKeller is a Level 2 contributor to B-BBEE