April 2017

The pending changes to the Medical Schemes Act and the Long-term and Short-term Insurance Acts to accommodate the demarcation regulations were made on 1 April 2017 including the new definition of ‘business of a medical scheme’.

The definition of ‘business of a medical scheme’ in the Medical Schemes Act 1998 makes it clear that if

Over a 150 patients claimed damages against a hospital because of an outbreak of fungal meningitis and related infections which resulted from the patients receiving injections with contaminated substances.

The court held that there was no claim under the insurer’s commercial package policy based on personal injury claims because the policies excluded bodily injury ‘due

Project developers and financiers should scrutinise existing projects that are in pre-environmental authorisation stage, and all future projects, to determine what issues need to be assessed prior to applying for authorisation.

The 8 march 2017 judgment in Earthlife Africa Johannesburg v The Minister of Environmental Affairs and others is South Africa’s first judgment relating to

The plaintiffs sued the defendant for the purchase price of a buffalo which died during an operation to test it for diseases as part of the sale.

It was found that a sale agreement had been concluded in which the defendant expressly agreed to assume the risk of death or injury to the buffalo arising

A person who claims for damages sustained as a result of injuries negligently caused by someone else has a single, indivisible cause of action and must sue for all damages in one claim.

This proposition was reasserted in the context of a prescription allegation regarding a Road Accident Fund Act claim.

The RAF Act only

Where an insurance policy had a retroactive date so that there was no indemnity for any claim ‘arising from or in any way involving any act, error or omission committed’ prior to 5 June 2009, the court held that the indemnity was due because there was no direct or indirect causal connection between the events