Tag archives: High Court

Can an amendment of quantum be considered a reopening of the issues?

By Keaoleboga Molefe on December 13, 2022 Posted in General

The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading

Non-variation clause leads to contract invalidity

By Loris Rech on June 7, 2022 Posted in Healthcare

This blog was co-authored by Zahraa Amod-Carim In May 2022, the Eastern Cape High Court handed down a judgment that invalidated a shareholders agreement between a private entity and its respective shareholders. Five medical doctors and shareholders challenged the hospital in respect of a new shareholders agreement put into effect without their signed consent required … Continue reading

Wrongfulness and liability for injury by animals

By Donald Dinnie on November 10, 2021 Posted in Insurance

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control. Mr … Continue reading

Litigation funding is not insurance

By Donald Dinnie on September 20, 2021 Posted in Insurance

In the High Court Steinhoff judgment, it was argued that the litigation funding agreement between the class representative and the funder was a contract of insurance in terms of which the funder provides indemnity insurance to the class representative in consideration for the funder being paid a premium, being a percentage of the ultimate reward. … Continue reading

Affidavit commissioned via WhatsApp video call valid for COVID 19 realities

By NRF Digital Team on September 6, 2021 Posted in General

This blog was co-authored by Sa’ood Lahri, Director and Muhammad Mirza, Candidate Attorney In August 2021 the High Court[1] accepted that an affidavit commissioned over a WhatsApp video-call constitutes substantial compliance with the applicable regulations[2] and is valid in light of the practical difficulties faced by the deponent due to the raging Covid19 pandemic. The … Continue reading

When does independent consultant to sub-contractor owe a duty of care to the main contractor? (UK)

By Patrick Bracher (ZA) on June 9, 2021 Posted in General

The UK High Court found that an independent consultant to a sub-contractor relating to the design and construction of a slipform rig did not owe a duty of care to the main contractor and could not be sued for damages for negligence. There was no assumption of responsibility to the main contractor which sought damages … Continue reading

Extra-territorial jurisdiction of the Prevention of Organised Crime Act

By Candice Grieve on June 7, 2021 Posted in General

In May 2021, the Supreme Court of Appeal delivered a judgment with two important principles namely: The High Court has jurisdiction to make a forfeiture order in terms of section 50(1)(b) of the Prevention of Organised Crime Act, 1998 (POCA) in respect of property situated outside the territory of South Africa and belonging to persons … Continue reading

Tenders cannot be awarded to non-existent entities

By Candice Grieve on April 6, 2021 Posted in General

The High Court has handed down judgement in proceedings involving Primedia (Pty) Ltd, the Passenger Rail Agency of South Africa and others in March 2021. The court has held that a tender had to be set aside because: Prasa, as a public body which knew that the tenderer did not exist when the tender closed, … Continue reading