Tag: AccessToJustice

In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.

The legal profession is generally known to be demanding, relentless and, at times, unforgiving. From the point of entry into law school, excellence is expected, and resilience is tested. Purpose is often deferred in favour of survival. In my own experience as an admitted legal practitioner of the High Court of South Africa and as a law lecturer, I have come to the considered view that the sustainability of the legal profession depends not merely on technical expertise.

The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.

South Africa’s justice system is undergoing a necessary and exciting transformation. After years of relying heavily on traditional courtroom litigation, there is increasing conversation around making dispute resolution more accessible, affordable and culturally relevant.