Tag: High Court
Employer immunity is not absolute for workplace incidents
A recent judgment from the Mpumalanga Division of the High Court provides a crucial interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA). The decision explores the limits of employer immunity under COIDA when tragic incidents occur during employment, but not necessarily arise from it.
From heir to litigant – when beneficiaries can take legal action
When a trust suffers a loss through negligence, misconduct or mismanagement, can the beneficiaries take legal action directly against a third party? The answer is nuanced. Recent legal developments, such as the McCann vs McCann case in the KwaZulu-Natal High Court, are bringing new clarity to the rights and remedies available to trusts and their beneficiaries.
Rules of evidence – prove it or lose it
The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment. This follows a dispute concerning the supply of liquid petroleum gas (LPG). The Plaintiff, a supplier of LPG, had provided the product to the First Defendant over several years.
Negligent driving – court confirms consequences
The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.
Negligence on the menu – restaurants warned over food safety
Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry. If a hazardous object reaches a diner’s plate, negligence may be inferred unless the restaurant can prove otherwise.
Mandatory mediation to ease court backlogs
In a bold move to overhaul a justice system buckling under the weight of unprecedented gamesmanship by defendant counsel in delaying court dates, South Africa's high courts will institute mandatory mediation for civil cases before any trial dates are assigned. This sweeping directive was issued on 14 April and is slated to take effect in May 2025.
Legal ethics and AI – avoiding fake case citations
As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.
Public liability insurance is not a free pass for careless behaviour
Recently, the Johannesburg High Court dismissed a personal injury case against an institution. The court found no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation.
Gauteng’s judicial crisis – unblocking the backlog
South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.
Income loss claims – insights from a traditional healer’s judgement
A traditional healer's income loss claim in a recent High Court case highlighted the complexities of compensating for personal injuries.
