Anika de Kock

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Role of intention and punctuation when interpreting insurance guarantees

In January 2024 the High Court held that an insurer’s guarantee that ambiguously contained two incompatible  expiry dates, namely the date of issue of the final completion certificate under the construction contract and the date on which the contractor had to pay under the consequent final payment certificate, should be interpreted in a businesslike fashion … Continue reading

RAF Discovers Rough Times Ahead

This blog was co-authored by Hannah Howell, Candidate Attorney. On 12 August 2022, the Road Accident Fund, in a presumed bid to extricate itself from its ever-expanding pothole of debt, issued a directive instructing its staff to reject any claims made for past medical expenses if a medical aid scheme had already paid for them. … Continue reading

Voetstoots clause does not cover fraudulent misrepresentation

The Supreme Court of Appeal awarded damages to the purchasers of a guesthouse which had a serious leaking roof because the seller failed to disclose the defects he was aware of. The voetstoots clause in the deed of sale was inapplicable because the claim was founded on delictual liability for fraudulent non-disclosure/misrepresentation and not on … Continue reading

Indemnity backing an insurance guarantee within a group of companies without section 45 compliance is void

This blog was co-authored by: Luke Schooling, Candidate Attorney The Supreme Court of Appeal held that an indemnity provided by one group company to support an insurance guarantee obtained by another group company was void where the requirements of section 45 of the Companies Act of 2008 (the Act) were not complied with because it … Continue reading

Medical schemes cannot refuse to pay for single available treatment of a rare condition because it is not “prevalent”

MD and Another v Medihelp Medical Scheme and Another [2022] ZAGPPHC 640 An urgent application was brought to the High Court by the mother of a three-year-old child (“Z”) who has been diagnosed with a rare genetic condition, Hunters Syndrome MPS II (“MPS II”). Z has been a member of the respondent medical scheme from … Continue reading

Shop owners need to reasonably protect their patrons

The High Court in Gqeberha has confirmed that the shop owner has the legal duty to take the reasonable steps to prevent harm to its patrons and to take the reasonable steps to warn customers of potential dangers. Whilst shopping at the store of the defendant, the claimant, slipped and fell due to cake flour … Continue reading