Legal Affairs

Shuttleworth v The South African Reserve Bank

Mr Shuttleworth famously sold his shares in Thawte, which earned him a substantial amount of money. He subsequently decided to emigrate from the Republic and to transfer all of his remaining assets out of the country. The South African Reserve Bank imposed a 10% levy on his South African assets as a condition for permission under the Exchange Control Regulations to transfer his assets out of the country. He subsequently approached the North Gauteng High Court to set aside the decision of the Reserve Bank to impose the 10% levy.

Disclaimers may prove unconstitutional

One should be careful when relying on an exemption clause to escape liability as it may prove unconstitutional. Public policy, with the notions of fairness, justice and reasonableness, would preclude the enforcement of such a contractual term if this amounted to injustice or unfairness.

Lost or stolen cheques – who assumes the risk?

Court's discussion as to Residing in your Household

From time to time the question arises in policies providing general liability cover whether a claim is excluded because the claimant is a person living or residing in the same household of the insured.