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Financial Institutions Legal Snapshot

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Deniro Pillay

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Municipality found liable for injuries caused by claimant falling into an open manhole

By Deniro Pillay & Amber Lawlor on November 12, 2025

In November 2025, the High Court found the eThekwini Municipality liable for injuries sustained by a claimant who fell into an open manhole on a public pavement after dark during loadshedding.

The claimant had been walking to a nearby shop at night during loadshedding when he fell into an open manhole. A steel iron on…

Posted in Insurance

MEC for Health not liable for the alleged use of a faulty intravenous drip

By Deniro Pillay & Amber Lawlor on November 3, 2025

In October 2025, the Appeal Court decided that the MEC for Health, North West was not liable for the alleged injuries and consequent damages suffered by a claimant following the insertion of a faulty intravenous drip in his arm at a public hospital.

The claimant alleged that while receiving treatment at the hospital, the medical…

Posted in Insurance

Court upholds disclaimer notices and dismisses claimant’s slip and trip claim

By Deniro Pillay & Amber Lawlor on October 16, 2025

In October 2025, the High Court dismissed a claimant’s claim arising from injuries she sustained on a wine farm at night. She slipped and fell while walking on steps on a pathway after leaving a restaurant on the farm.

The claimant alleged that either the restaurant owner or the farm owner was negligent in failing…

Posted in Insurance

Owner of grocery store liable for claimant’s injuries despite disclaimer notices

By Deniro Pillay & Amber Lawlor on October 9, 2025

In September 2025, the High Court decided that the owner of a grocery store was liable for the injuries sustained by a claimant, which was caused by a wooden plank that was dislodged by another customer and fell onto her foot while she was shopping at the store, despite disclaimer notices at the…

Posted in Insurance

Court awards R2 million in general damages for child’s permanent blindness

By Deniro Pillay & Amber Lawlor on September 18, 2025

In August 2025, the High Court awarded R2 million in general damages to a child who was left permanently blind in both eyes due to the negligent administration of oxygen after his premature birth at a public hospital.

The child was born breech and suffered respiratory distress syndrome. As a result, the child sustained brain…

Posted in Insurance

Insurer successful with application for claims against insured to proceed to Court

By Deniro Pillay & Amber Lawlor on August 19, 2025

In August 2025, the High Court granted an insurer’s application, in terms of section 3(2) of the Arbitration Act, for an order that ancillary disputes with a party insured by it not be referred to arbitration in terms of an arbitration clause in an insurance policy and that the disputes be heard in the High…

Posted in Insurance

Minister of Police held vicariously liable for shooting and widow’s loss of support claim

By Deniro Pillay & Amber Lawlor on August 18, 2025

In August 2025, the High Court found the Minister of Police vicariously liable to compensate a claimant for loss of support following the death of her husband who was fatally shot by a police officer during a community protest.

The incident occurred during a protest action in Mpumalanga. The deceased was not part of the…

Posted in General

Casino complex found liable for gross negligence for a child’s electrocution injury

By Deniro Pillay & Amber Lawlor on August 13, 2025

In August 2025, the High Court decided that a casino complex was liable for the injuries sustained by a child who was electrocuted by an exposed live electrical wire near the ice rink located at the complex. The casino complex was found to be guilty of gross negligence.

The incident occurred during the festive season…

Posted in General

High Court confirms doctor’s right to decline to accept a private patient

By Deniro Pillay on July 16, 2025

This blog is co-authored by Mishka Maharaj, a candidate attorney.

In July 2025, the High Court overturned a decision by the Health Professions Council of South Africa (HPCSA) that an intensivist surgeon on critical care call acted unprofessionally by declining to accept a self-funded patient into his care at a private hospital.

The patient presented…

Posted in Healthcare

MEC liable for staff’s failure to deal with baby’s breech position during labour

By Deniro Pillay on July 10, 2025

This blog is co-authored by Raaiqhah Akoo, a candidate attorney.

In June 2025, the High Court found the MEC for the Department of Health, Limpopo liable for the omissions and acts of the healthcare staff at a public hospital who delivered a baby by natural vaginal delivery despite the baby presenting in the breech position.…

Posted in Healthcare

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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