Tag: Mthokozisi Maphumulo

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.

During the festive season in South Africa, most activities halt, including court operations. Regarding legal deadlines and holidays, the Rules of Court recognise dies non (days courts do not sit). These dates, though varying yearly, typically span from December 16 to January 15. This break provides essential relief for all role-players. However, it also creates challenges for litigating parties.

When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers cite the policyholder (not the insurer) as the litigant.

President Ramaphosa has promulgated the National Health Insurance (NHI) Act. The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later.

Insurance claims can be repudiated for many varying reasons – from the most obvious to the least expected reasons. One of the best ways of trying to avoid an insurance repudiation is to understand your contractual duties stemming from your policy.

There have been reports regarding the rise of non-indemnity claims stemming from unnatural deaths. This is certainly worrying for life insurers. This is particularly concerning because life insurers have had to entertain several claims in the past couple of years due to COVID-19 related deaths, and subsequently, the July 2021 unrest and the 2022 Durban floods.

The news that dominated the headlines during the weekend of 15 – 17 September 2023, was the storm surge incidents that swept across three coastal provinces – the Western Cape, Eastern Cape, and KwaZulu-Natal. Mainstream media and social media alike were abuzz with the news. Since then, videos depicting the storm surges have been circulating across various media platforms.

It is becoming normal to wake up to reports of fires - since the July 2021 civil unrest there have been at least a further four major fire outbreaks reported.

During the first wave of infections in South Africa, there were several allegations of negligence in various institutions leading to 'mass infections' – for example, amongst others, the Saint Augustine Private Hospital incident in KwaZulu-Natal, Durban.