South Africa: Insurance Laws and Products

As South African businesses prepare for festive season celebrations, a critical question emerges: are employers adequately protected against the legal and financial risks that accompany year-end office parties? From alcohol-related incidents to workplace misconduct claims, the gap between celebration and catastrophe may be wider than most companies realize.

A recent South African court judgment has raised fundamental questions about when lead generation and referral arrangements in financial services cross the line into regulated intermediary activity. The case examined whether performance-based remuneration structures and marketing activities linked to insurance policy conclusions trigger licensing requirements under FAIS, with significant implications for enforceability.

When a neighbour's watchdog bites someone who repeatedly puts their head over a boundary wall despite warnings, does the dog owner face strict liability? This South African case examines the actio de pauperie remedy and explores when an injured party's own conduct can defeat a claim, offering critical insights for insurers assessing dog-bite liability claims.

On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity.

When an insured party waits too long to enforce a claim, time itself can become a complete defence. In South African insurance law, two separate but related principles may prevent an insured from recovering – prescription and time-bar clauses.

When taking out insurance, honesty is not just expected, it's a legal requirement. The duty of disclosure obliges the insured to provide full and accurate information to the insurer before a policy is concluded.

On 31 January 2025, the Pretoria High Court delivered a judgment in a motor insurance case in which the insurer rejected the policyholder's claim following the theft of their vehicle.

The primary purpose of building insurance is to protect property owners from financial losses due to damage to their buildings.

In a unanimous decision recently handed down by the Constitutional Court, it was held that a medical scheme cannot cancel membership for failure by a member, during the underwriting process...