Paulette Khumalo

Subscribe to all posts by Paulette Khumalo

Remote Commissioning of affidavits post covid is not condoned by the High Court unless exceptional circumstances exist

By Paulette Khumalo on August 11, 2023 Posted in Insurance

In a July 2023 Judgment, the High Court considered whether a commissioner of oaths is able to commission a document where a deponent is not physically present at commissioning. The court was required to consider whether a founding affidavit to an application as well as the replying affidavit had been properly commissioned in compliance with … Continue reading

Compromise: settlement agreements

By Paulette Khumalo on March 24, 2023 Posted in Insurance

An agreement of compromise is the settlement of disputed obligations by agreement. A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding … Continue reading

Large medical negligence claims frustrate obligation on the state to provide healthcare services

By Paulette Khumalo on March 1, 2023 Posted in Healthcare

In this February 2023 judgment, the MEC for Health in the Eastern Cape successfully obtained an order by which the quantum of damages to be paid to a claimant in a medical negligence claim was reduced by the medical services and equipment which the Department of Health could provide to the claimant without charge. The … Continue reading

RAF CEO and Board ordered to pay costs out of their own pockets for frustrating the judicial process

By Paulette Khumalo on February 2, 2023 Posted in General

The Mpumalanga High Court handed down a ground-breaking judgment on 24 January 2023 in which the court ordered costs de bonis propriis (paid out of their own pockets) against the CEO and the Board of the Road Accident Fund (RAF). The order was based on the conduct of the Board and the CEO conduct which, … Continue reading

Ex Gratia Payments

By Paulette Khumalo on October 6, 2022 Posted in General

An ex gratia payment is a payment made by a person to a claimant for damages or other claims without recognising any legal obligation. “Ex gratia” means “by favour” or “by virtue of grace” .Thus, an ex gratia payment is a voluntary payment that does not signify legal liability. Ex gratia payments differ from legally-required … Continue reading

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

By Anika de Kock and Paulette Khumalo on September 28, 2022 Posted in Healthcare

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