South Africa and global insurance, financial institutions, banking and general law know–how
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…
The Supreme Court of Appeal confirmed 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 health impediment exists. Placing a claimant under curatorship is in itself an impediment. It does not bring about a cessation…
In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the…
In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken…
Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was…
In circumstances where a validity period of a tender has expired, and the tender has not been awarded, the tender process is considered “completed”, despite there being no award. Without a timeous extension of the validity period, there is no tender award capable of acceptance as the “offer” has expired.
In the City of Ekurhuleni…
In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country.
In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable…
