The Supreme Court of Appeal found that the Provincial MEC for Social Development was not liable for the injury of a child in the playground of a nursery school operated by an NGO in the province. The school was treated as if registered under the Child Care Act 1983 because the incident occurred in 2008

A healthcare practitioner, who is the subject of malicious HPCSA proceedings, may institute a damages claim for malicious prosecution against the complainant who initiated the proceedings within three years from the date the HPCSA informs the practitioner of its decision to dismiss the complaint.

The claim only arises, and prescription starts to run, from the

Contracting parties cannot escape the enforcement of a contract on the basis of the terms being contrary to public policy unless they can prove that the terms are so unfair, unreasonable or unjust in the circumstances that a court should intervene. The Constitutional Court reaffirmed that although constitutional values such as Ubuntu, reasonableness and fairness

An insurer (like any other erroneous payer) can recover a benefit erroneously paid under an insurance policy if its conduct in making that payment was not inexcusably negligent.

In deciding whether the erroneous conduct is excusable, the court will take into account a number of factors, including:

  • the relationship between the payer and the recipient;

  1. Cancellation as a remedy for breach of contract is only available where the parties have incorporated a right to cancel in their contract, or where the breach is of a sufficiently serious nature to justify cancellation.
  2. The contract may expressly state that if one of the parties breaches terms of the contract or fails to

The government or an organ of state is incapable of being defamed, and therefore not entitled to interdict publication of any material it perceives to be defamatory. The state should not use the courts as a means to muzzle or stifle the freedom of its citizens to criticise government, no matter how harsh it may