South Africa and global insurance, financial institutions, banking and general law know–how
In May 2025, the High Court dismissed an urgent application by a clinical psychologist against the Health Professions Council of South Africa (HPCSA) to stay the hearing of a professional misconduct inquiry by its Professional Conduct Committee until the court decided on her application to review the Committee’s decision not to grant a discharge.
The…
In May 2025, the High Court confirmed its jurisdiction to hear an appeal against a decision of the Health Professions Council of South Africa (HPCSA) Preliminary Committee of Inquiry which was made before Regulation 4A of the Health Professions Act came into effect on 23 June 2023.
Regulation 4A allows a complainant who is aggrieved…
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
In March 2025 the High Court decided that the repudiation by an insurer of a claim for indemnification under an insurance policy was lawful due to the insured breaching the terms of the policy by providing false information during the assessment of his claim and…
This blog is co-authored by Mishka Maharaj, a candidate attorney.
The importance of appointing appropriate medical experts to provide evidence in medical malpractice disputes was highlighted in this April 2025 High Court judgment.
A patient claimed damages from an orthopaedic surgeon arising from the surgeon advocating for and performing a surgical procedure to his right…
In April 2025, the Supreme Court of Appeal (SCA) confirmed the position that our common law does not permit the transmission to a deceased estate of a claim for general damages or non-patrimonial loss occasioned by bodily injury if the claimant dies before the close of pleadings (litis contestatio)is reached. However…
In March 2025 the High Court reaffirmed that a medical practitioner should not be held to have been negligent simply because something went wrong during a surgical procedure. To do so impermissibly reasons backwards from cause to effect.
In this case, the Plaintiff claimed damages from the defendant, a gynaecologist and obstetrician, following a laparoscopic…
This blog was co-authored by Mohammed Dada, Candidate Attorney.
In October 2024, the Supreme Court of Appeal decided that the Tribunal appointed by the Health Professions Council of South Africa (HPCSA) under the Road Accident Fund Act, 1997 (the Act) exceeded its powers by determining the causality of the claimant’s injuries, a function reserved for…
The Constitutional Court re-enforced the principle that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental capacity impediment exists. The placement of a claimant under curatorship does not result in a cessation of the mental incapacity…
It is common practice for shop owners to outsource their cleaning duties by concluding a service level agreement with a cleaning company. The service level agreement often contains an indemnity clause in terms of which the cleaning company indemnifies the shop owner for any liability of the shop owner resulting from a breach of their…
In the judgment of Aslam v President: Health Professions Council and Others (3 April 2023), the court decided to permanently set aside disciplinary proceedings and to prevent The Medical and Dental Professions Board of the Health Professions Council of South Africa (HPCSA) from taking any further disciplinary measures relating to a complaint of unprofessional…
