In January 2026, the High Court held that a completed beneficiary nomination form that reached the insurer during the lifetime of the Insured, was effective despite an incorrect policy number noted on the form. The court highlighted that administrative errors that do not affect the clarity of the nomination, will not override the insured’s intention.
Kriyanka Reddi
High Court upholds special defences and clarifies scope under COIDA
By Donald Dinnie & Kriyanka Reddi on
In December 2025, the High Court held that the claimant’s delictual damages claim against his employer, the Minister of Health, had prescribed and the notice requirement under the Institution of Legal Proceedings Against Certain Organs of State Act was not met. The court held that the assault was not a risk incidental to the claimant’s…
Mediation of civil trials in the Gauteng Division is not always mandatory
By Ina Iyer & Kriyanka Reddi on
With effect from 27 October 2025, the Mediation Directives and Protocol for the Gauteng Division of the High Court were amended. The most important change is the introduction of alternative routes to obtaining a hearing date.
Disputes which cannot be resolved by mediation
Where a dispute is incapable of being resolved by mediation because of…
COIDA defence dismissed in claim for child killed by leopard
By Kriyanka Reddi on
This blog is co-authored by Katelyn-Mae Carter, candidate attorney.
The High Court dismissed a defence by South African National Parks (SANParks) that section 35(1) of the Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) precluded the claimant from claiming personal damages arising from the death of the minor child of an employee who was…
Presumption of negligence under the Electricity Regulation Act rebutted where cause of fire remains unknown
By Donald Dinnie & Kriyanka Reddi on
In July 2025, the high court dismissed a claim against the defendant and confirmed that the presumption of negligence in section 25 of the Electricity Regulation Act does not apply if no credible evidence of the cause of the fire is adduced.
The claimant alleged that the fire, which destroyed her rural homestead, started when…
Setting aside protection orders where there is abuse of proceedings
By Kriyanka Reddi on
In May 2025, the High Court set aside an interim protection order granted in terms of the Protection from Harassment Act, 2011 because the person seeking the order had failed to make a truthful disclosure of the facts and no hearing was given to the person affected.
The applicant in the court proceedings witnessed and…
Mandatory mediation in the Gauteng High Court
By Donald Dinnie & Kriyanka Reddi on
Effective from 22 April 2025, the Office of the Judge President of the Gauteng Division of the High Court issued a Directive introducing mandatory mediation in the Gauteng Division, together with a Mediation Protocol. The Directive provides that mediation in civil trials is now mandatory in the Division.
The effect on trial dates
In the transitional…
Safe premises and warning signs
By Kriyanka Reddi on
This blog was co-authored by Edith Mugadza, Candidate Attorney.
In February 2025, the high court awarded the claimant 80% of his agreed and proven damages in an action brought against the Minister of Police in a situation where the claimant fell off a landing unprotected by a railing or warning sign.
The claimant sought damages…
Unlawful arrest leads to R800 000 damages award
By Kriyanka Reddi on
This blog was co-authored by Katelyn-Mae Carter, Candidate Attorney.
On 13 February 2025 the high court ordered the Minister of Police to pay R800,000 in damages for the unlawful arrest and detention of a man accused of rape. The case, which underscores the critical importance of thorough investigation and adherence to legal protocols, highlights significant…
Personal injury claims and schools: Establishing the negligent breach of the duty of care
By Kriyanka Reddi on
This blog was co-authored by William Hayne, Candidate Attorney.
In November 2024, the high court dismissed an action against the Department of Education for damages arising from injuries suffered by a school learner who was assaulted by another learner. The issue in dispute was whether the assault occurred during or after normal school hours.
The…