Tag: Mthokozisi Maphumulo
Strategic litigation decisions and prescription – a cautionary tale
On 10 April 2016, the plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the plaintiff had suffered a ruptured aneurysm in her popliteal artery. The rupture resulted in limited blood flow to her lower left leg.
Dormant litigation dismissal – when does delay become prejudicial?
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.
Professional indemnity ruling – the cost of late notification
The Plaintiffs operated restaurant businesses and appointed the defendant as their insurance broker. The defendant's mandate required it to procure commercial insurance on the Plaintiffs' behalf. On 4 June 2019, the defendant obtained policies from Renasa Insurance Company Ltd. However, these policies did not include an extended business interruption clause covering losses arising from infectious disease outbreaks.
Beneficiary disputes in living annuities – a wake-up call for insurers
On 6 January 2026, the Pretoria High Court delivered judgment in a case concerning an insurance living annuity. The matter involved competing beneficiary nominations made shortly before the deceased’s death. Importantly, it highlights the risks associated with beneficiary disputes in living annuities.
Clarifying prescription in medical malpractice cases
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.
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.
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.
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.
Legal deadlines and holidays – can postponements deliver justice?
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.
Insurance claim settlement disputes – policyholder and insurer options
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.
