Legal Articles and Guides
Personal Injury Law
Limpopo Premier Stan Mathabatha is a public figure and he should behave. According to City Press these were the words of Judge Nelisa Mali before dismissing an urgent application by Mathabatha to gag the newspaper on Saturday night. Mali agreed that the matter was urgent, but dismissed the application with costs.
The Eastern Cape High Court (Grahamstown) has awarded R20 000 damages to a man who was party to encouraging a mass occupation of municipal land in Mdantsane, after it found the Daily Dispatch had defamed him. The court found that while Mzukisi Soyi may have acted unlawfully by encouraging the illegal occupation of municipal land and use of electricity, the newspaper had defamed him by incorrectly reporting he had sold the plots to people as part of a ‘scam’.
Major General Andre Lincoln – a policeman chosen by then-President Nelson Mandela to head an elite presidential investigative unit – has won an appeal in a civil case against the Police Minister in the Western Cape High Court. A News24 report says Lincoln confirmed that his appeal – which follows at least 15 years of legal wrangling – had been successful.
Thembi Ngobese is claiming R2.8m from the company which refurbished Denlyn Mall in Pretoria after a portion of scaffolding fell on her head in October 2010. A Pretoria News report notes she instituted the claim against Ferro Eleganzie Ltd, which refurbished the parking area at the mall.
The net is closing in on lawyers who are allegedly swindling hundreds of millions from the Eastern Cape Department of Health and the Road Accident Fund. A Daily Dispatch says Zuko Nonxuba and Milile Mpambaniso are among the attorneys who have lodged millions of rands worth of claims on behalf of victims, some of whom are apparently not even aware of the claims.
Greyhound has been found liable for the injuries suffered by Ann Fitschen (81), who fell from the step as she tried to get on a bus. A Cape Times report says Fitschen claimed R540 000 in the Gauteng High Court (Pretoria), from Unitrans Passenger, which trades as Greyhound.
Outgoing Cape Town Mayor Patricia de Lille has announced a campaign to clear her name, including suing entrepreneur Anthony Faul for R1m for defamation, says a News24 report. She said she was notified by the Hawks that the NPA had considered the evidence regarding a case of bribery made against her by Faul, and had made a decision not to prosecute her.
A grandmother is claiming R1.1m for post-traumatic stress after her mentally ill son escaped from a hospital and was killed when he ran in front of a truck. According to a report on the IoL site, Johanna Masilela who lives in Vlaklaagte village in Mpumalanga is blaming Health Minister Dr Aaron Motsoaledi for her loss.
Home Affairs Minister Malusi Gigaba is to start defamation proceedings against media personality and author Redi Tlhabi after she failed to apologise for her tweets about travel regulation amendments by the 17:00 deadline he had set for her to do so yesterday, says a News24 report.
Eleven hours of waiting and a total of four phone calls were needed before a gynaecologist attended to a mother in labour. A TimesLIVE report says the SCA has ordered the gynaecologist‚ Dr Abdool Samad Suliman‚ and Life Healthcare Group to pay R20m for their negligence after the baby was born with cerebral palsy at a KZN hospital in 2008. Suliman was ordered to pay 60% of the cost while Life Healthcare – owner of the Crompton Hospital in Pinetown – will pay 40%.
A former station commander at the Germiston police station has instituted a R2m damages claim against the police and a fellow officer after he was bad-mouthed in a document issued to his superiors. According to a report on the IoL site, in the document, it was claimed that he, among others, often used mess money to buy cases of Johnnie Walker whisky for his own use.
A specialist physician has been sentenced to six years imprisonment – suspended for five years – for culpable homicide after he bungled a procedure, Beeld reports. Dr Whitney Mentor (42), who works from MediClinic Vanderbijlpark, pleaded guilty to the charge.
The SA Federation of Trade Unions (Saftu) plans to take legal action against Gauteng Premier David Makhura over the deaths of three fire fighters at the Bank of Lisbon building in Johannesburg, notes TimesLIVE. Saftu general secretary Zwelinzima Vavi accused Makhura of sending the fire fighters to their deaths by failing to shut down the building despite knowing it was only 21% compliant with safety regulations.
The Qhubeka Trust confirmed yesterday that it had awarded about R134m in compensation to qualifying ex-mineworkers, who were employed at Anglo American SA and AngloGold Ashanti mines, and are suffering from silicosis. A Cape Argus report notes the trust – established in March 2016 – was founded on the back of the successful conclusion of a lengthy compensation battle by attorneys Richard Meeran and Zanele Mbuyisa, representing ex-mineworkers who contracted silicosis as a result of working for various mines owned by the companies.
A Potchefstroom doctor who is being probed after several patients died under his care has failed in an urgent application to have his suspension lifted, says a report in The Star. One of his alleged victims was a 12-month-old girl who suffered burns when a cup of boiling water fell on her.