Paulette Khumalo

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

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

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

Ex Gratia Payments

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”

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