Legal Articles and Guides
Personal Injury Law
A Limpopo miner who believed he was HIV positive and used anti-retroviral medication is suing his doctor for R478 000, Beeld reports.
A matter due to come before the KZN High Court (Pietermaritzburg) this month represents a test case for Health Department claims that public hospitals are as good as private ones, notes Legalbrief. Mbali Nzimande, whose five-year-old daughter was born with cerebral palsy, secured costly professional help after she won a legal battle against the KZN Health Department in June last year.
Government’s train commuter service, Prasa, paid damages of R103m in the past financial year for injured passengers – mostly due to open train doors. According to a report in Die Burger, Transport Minister Blade Nzimande revealed these figures in answer to a parliamentary question from the DA.
Former ANC leader Zolani Xego (48) – arrested by the Hawks in December 2018 – is suing the Minister of Police for R400k. A Daily Dispatch report says Xego was being sought by the Hawks apparently for missing a deadline to hand himself over.
North West surgeon Dr Samuel Smith has been vindicated by a Supreme Court of Appeal ruling which dismissed a patient’s legal challenge that he did not explain surgery options available to her, and was therefore responsible for the pain she had experienced.
Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay.
Tiso Blackstar will now be able to defend a defamation claim that was lodged against it by businessman Fana Hlongwane in 2017. A TimesLIVE report notes that the Gauteng High Court (Pretoria) rescinded and set aside a default judgment Hlongwane obtained against the media company in March last year.
A 19-year-old woman who delivered a ‘decapitated’ baby is planning to sue the Gauteng Health Department, says a TimesLIVE report. The incident happened at the Tambo Memorial hospital in Boksburg.
The mother of a former Sans Souci Girls' High School pupil slapped by her Afrikaans teacher during a physical altercation has lodged a claim in the Equality Court for damages amounting to R150 000. News24 says in a statement issued by William Booth on behalf of teacher Clarissa Venter (34), it is confirmed that his office has filed opposing papers objecting to the claim.
The office of the NDPP will have to cough up R600,000 after a mix-up saw four men sent to jail when they were in fact out on warning. The Herald reports the men were awarded damages of R150 000 each in the Eastern Cape High Court (Makhanda) last week.
A retired lawyer has been ordered to pay R70 000 to one of his Port Alfred Marina neighbours who he said was ‘whoring around to get business’. A report in The Herald says Peter Basset shocked guests at a 2016 party when he made several defamatory statements about Isobel Meyer – a Pam Golding franchisee and the Port Alfred Marina chair.
A former employee at a global insurance firm is pursuing R25m in damages, claiming her company failed to assist her after an executive was allegedly found to have uploaded compromising videos of her to a porn site without her consent.
A car crash victim – who alleges he was told to walk home by Gauteng hospital staff who believed he was not injured – is suing the Health Department for R2m damages after it emerged he had a spinal injury.
With the Road Accident Fund hopelessly insolvent – its liabilities exceeded its assets by more than R206bn at the end of March 2018 – the debate is taken up in a lengthy article on the Moneyweb site. Noting that several government departments are pushing to replace the current RAF system with what they see to be a more affordable system under the new Road Accident Benefit Scheme (RABS) Bill, the article delves into the by now well-known pros and cons regarding the Bill.
The Eastern Cape High Court (Grahamstown) has ruled that Kingswood College was not negligent when a fight between two teenage pupils in an unsupervised classroom resulted in a serious eye injury for one of them.