Commercial Litigation

Claims-made policies in professional indemnity insurance often include prior exclusion clauses, which serve to limit the insurer’s liability for claims arising from circumstances that occurred or were known before the policy’s inception date. Insurers should exercise care in drafting prior exclusion clauses to ensure clarity and precision. Ambiguities in these clauses can lead to disputes […]

Can a professional services firm rely on a client’s assurance that they will not pursue legal action to avoid notifying its claims-made professional liability insurer of a potential claim arising from an alleged omission? This question is particularly significant in the context of claims-made professional liability insurance, where the insured’s duty to disclose any potential […]

Introduction On 29 November 2024, the Johannesburg High Court delivered judgment in a delictual case where the Plaintiff, a lessee on the Defendant’s premises, sued the Defendant after a gate fell on her. The significance of this judgment is highlighted below. Brief Facts The Plaintiff sustained injuries in August 2020 when a malfunctioning gate fell […]

Introduction The Western Cape High Court recently delivered judgment in yet another cybercrime incident. These cases have been growing rapidly, signalling a surge in cybercriminal activities. One might have expected a decline in such incidents, given the legal precedents addressing them, but this has not been the case. Facts The parties involved in the case […]

Like in many countries, during the festive season in South Africa, most activities come to a near standstill, including the operations of the courts. The Rules of Court recognise dies non (days on which the courts do not sit). Although the exact dates may vary each year, dies non typically extends from the 16th of […]

Most family law practitioners will tell you that December truly is silly season! We are usually tasked with planning family holidays for Christmas, to ensure that children are able to spend time with their families, as we all wish to do. For one family, this was incredibly important. Joy*, a four-year-old little girl was sexually […]

The Road Accident Fund has a statutory obligation in terms of section 17(1) of the Road Accident Fund Act to “ compensate any person (the third party) for any loss or damage which the third party has suffered as a result of any bodily injury to himself or herself or the death of or any […]

Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation, with an increasing number of lawsuits being filed—even in cases where the objective facts do not justify legal action. […]

After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions. An advisory opinion is a written opinion by the Commission that provides the Commission’s interpretation of the Competition Act, 89 of 1998, applied […]

Introduction: Once a party has been effectively served with summons, they must act promptly and follow the procedures set out in the Uniform Rules of Court (“the Rules of Court”). Failure to do so can lead to undesirable and costly consequences. The judgment delivered on 13 November 2024 by the North-West High Court serves as […]

In a matter of weeks, the festive season will be in full swing. This period usually comes with numerous lifestyle adjustments, including traveling, acquiring new items, and upgrading or improving homes, vehicles, and other belongings. These changes often affect the value of such items, making them more attractive targets for theft and exposes them more […]

South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law. All decisions taken by State organs must promote, and not frustrate, constitutional principles. In 2018, the then President of the Republic of South Africa established a commission of enquiry […]

On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]

On 27 September 2024, the High Court in Pretoria held the MEC for Health of the Mpumalanga Provincial Government (“the Defendant”) liable for the injuries a minor child sustained during his birth on 19 December 2010. In particular, the Court found that the hypoxic-ischemic encephalopathic brain injury sustained by the minor was caused as a […]

Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property remains assessable. However, other disputes are […]

GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES: Section 4(3)(b) of the Recognition of Customary Marriages Act 120 of 1998 states that a customary marriage entered into after the commencement of the Act must be registered within a period of three months after conclusion of the marriage or within a longer period as the minister may […]

The world was informed of the Kolisi divorce via social media and shortly thereafter various memes, jokes, unsolicited opinions, recommendations, and the like followed. It is heart-wrenching that South Africans are unable to acknowledge the great trauma and heartache that the Kolisi family is currently enduring. South Africans are known for their great sense of […]

We see it weekly in the news, “South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested”. But what happens to these suspects arrested and charged in counterfeit goods matters? Make no mistake, the Counterfeit Goods Act No. 37 of 1997 (“the CGA”) criminalises the act of dealing (selling, offering […]

Overview The Constitution guarantees the right of access to information held by the state to uphold the principle of accountability, which forms a foundation of our democracy. The Promotion of Access to Information Act 2 of 2022 (the PAIA) imposes ‘reasonable and justifiable’ limitations on this right by exempting certain information from disclosure, as outlined […]

Directors and Officers (D&O) insurance policies often exclude claims arising from actual or alleged contractual liability. These exclusions typically prevent coverage when the company or an insured person is sued for breaching a contract or failing to fulfil contractual obligations. This is because D&O policies are designed to cover wrongful acts related to executive actions […]

The snowfall last week, which impacted much of KwaZulu-Natal and parts of the Free State, serves as yet another reminder of South Africa’s increasingly unpredictable weather patterns. In 2023, Johannesburg also experienced a light snowfall, though it was far less severe than last week’s event. Even then, such occurrences were considered unusual in the South […]

Introduction: South Africans are among the most highly indebted people in the world. With the unemployment rate showing no signs of improvement, there is no end in sight for this crisis. Persistent socio-economic issues are also exacerbating the situation. The widespread indebtedness of the majority has been recognized by the government for some time, leading […]

Overview The High Court recently highlighted the complexities of loss of income claims for traditional healers in personal injury cases. In Tjiane v Road Accident Fund [2024] 52384-2021 (GP), the court decided on a case where a traditional healer sustained multiple injuries following a motor vehicle accident, resulting in a significant reduction in his earning […]

Introduction: When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an […]

The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to decide on a claim based on interim payment certificates from a building contract between the applicant, a construction company, and the respondent, a shopping centre. Under the building contract, the applicant was contracted to build a shopping centre in Montana, Pretoria. […]

Introduction Any party that decides to launch legal action does so with the goal of attaining legal recourse. In insurance, specifically, parties typically sue for damages. On the surface, it may seem futile to sue an insolvent person, as the chances of recovering damages are practically non-existent. The question, therefore, becomes whether it is possible […]

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 […]

On 3 June 2024, the Department of Trade, Industry and Competition published draft vertical restraint regulations for comment (“the Draft Regulations”) along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 […]

Who Will Guard the Guardians? The political landscape in our country has reached somewhat of a turning point following the national elections which saw the ANC falling below 50% nationally, and no single party winning more than 50% of the vote in provinces like Gauteng and Kwa-Zulu Natal. Coalition governments and the so-called ‘Government of […]

The importance of having an antenuptial contract drawn up is often lost when you are caught up in the magical whirlwind of planning your special day, and the excitement of starting your happily ever after fairytale. The very last thing you are thinking is “what will happen if I get divorced”. You are not even […]

Dishonest conduct by representatives of financial service providers (“FSPs”) continues to plague the sector. This is evident from an analysis of the most recent rulings of the Financial Services Tribunal, where a substantial proportion of the rulings pertain to reconsideration applications, challenging FSPs’ decisions to debar their former representatives. Are these simply the actions of […]

The recent repeal of the crime of criminal defamation in South Africa marks a significant victory for press freedom, and the right to freedom of expression. This significant development, enacted through the Judicial Matters Amendment Act No. 15 of 2023, dismantled a considerable obstacle to the constitutional right to freedom of expression, which subjected journalists […]

The South African economy has faced significant headwinds and continues to be constrained by sky-high interest and unemployment rates, power grid constraints and political uncertainty. Despite these and many other challenges, South African businesses find a way to remain competitive internationally, through innovative solutions and in many instances sheer grit and determination. Its ability to […]

Intro: Adams & Adams is best known as an intellectual property law firm, has been involved in some ground-breaking cases that have had major impacts on SA. By Ciaran Ryan At 116 years of age, Adams & Adams has been part of SA’s developmental story. Best known as an intellectual property law firm, it’s roster […]

In today’s fast-paced digital world, legislation often struggles to keep up with the rapid advancements in technology. An example of such legislation is the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963 (“the Act”). The Act requires that oaths be administered in the presence of a commissioner of oaths. Is this […]

A judgment from the High Court of South Africa, Eastern Cape Division, Mthatha, serves as a timely reminder that a lien (right of retention) can be defeated by providing adequate security for the debt alleged to be due. On 7 March 2023, the insured was involved in a collision on the road between Port St […]

It has been said that “restraints of trade are not worth the paper they are written on”. This is far from the truth as many employees have learnt, the hard way. Not only are valid restraints of trade enforceable, but they are also enforced regularly by the Courts. The consequences for the former employee can […]

Introduction The Johannesburg High Court (“the court”) has handed down a judgment on a matter that brought, once again, the prescription intricacies to the fore. There are many cases pertaining to prescription, from different courts, and, with each case, there are unique variables that make each case intricate. Facts Briefly, the Plaintiff sued his erstwhile […]

President Ramaphosa has promulgated the National Health Insurance (“NHI”) Act (“the 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. Some of the institutions/groups which have […]

The Divorce Amendment Bill has been signed into law, which means that Muslim marriages are now recognised in South African law, and the rights and interests of women and minor and dependent children in these marriages are now safeguarded and protected. Muslim couples who choose to marry according to Islamic or Sharia law are now […]

A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow a rule correctly. The applicant sued the first and second respondents, seeking damages […]

Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others (0015/24EC) [2024] ZAEC 05 (26 April 2024) On Friday, 26 Aril 2024, the Electoral Court published its heavily anticipated judgment, outlining the reasons for its decision on whether former President Jacob Zuma can contest the polls in the upcoming elections. The […]

Restraint of trade agreements safeguard businesses by legally preventing employees from joining competitors, thus protecting businesses’ proprietary information and maintaining their competitive advantage. In an urgent application seeking to enforce a restraint of trade agreement, recently before the Labour Court of South Africa, Johannesburg, an insurance brokerage firm made the fatal error of failing to […]

A judgment stemming from the High Court of South Africa, Limpopo Division, Polokwane serves as a timely reminder that a “without prejudice” offer, if not drafted or approached properly, can interrupt the prescription of a claim. Facts of the case The plaintiff instituted action against the defendant for the injuries she suffered from a helicopter […]

Attorneys representing plaintiffs should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. Two unemployed plaintiffs instituted action against the Minister of Police, Minister of Justice and Correctional Services, and the National Director of Public Prosecutions, each claiming R5,000,000.00 for their alleged unlawful arrest and malicious […]

Policyholders and insurers alike should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. The case concerned a claim for specific performance in terms of a life insurance policy. The policyholder lodged a claim with his insurer through its authorised agent on or about 27 September […]

On 5 January 2024, the Competition Commission (“the Commission”) published draft guidelines on the filing of merger notifications for hostile transactions (“the Draft Guidelines”). The Commission identified a need for a document setting out its approach in such transactions as hostile takeovers, by their very nature, are often adversarial and lack the normal cooperation between […]

In a judgment of 20 February 2024, by the Supreme Court of British Columbia, a lawyer who had relied on case law generated by ChatGPT dodged a figurative bullet when the court found that, given the circumstances of the case, she should not be slapped with a special cost order in her personal capacity. A […]

An appeal serving before a full bench in the High Court of South Africa, Gauteng Division, Pretoria has recently shed light on whether a midstream review of proceedings conducted at an investigative stage is permissible. The appeal stemmed from a ruling by a single judge in the same division that an investigation conducted at the […]

INTRODUCTION: The law draws a distinction between “negligent conduct” and “grossly negligent conduct”. Grossly negligent conduct is synonymous with reckless conduct. The distinction is of great legal significance. If a conduct is deemed to be “negligent”, an insurance policy is bound to respond to a claim. If, however, it is found to be “grossly negligent”, […]

It is that period where there are many pressing things which preoccupy people’s minds, such as school/university fees, finalising the last errands before heading back to work, etc. Against this backdrop, it is perhaps understandable why this is a period where most insureds are likely to miss sight of critical aspects of their insurance policies. […]

On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court. The Court invited Adams & Adams Attorneys, together with the Gauteng Attorney’s Association, to join the proceedings as Amicus Curiae to assist the Court in […]

It was recently reported in the media that an increasing number of people are opting to buy properties collectively.1 This trend is hardly surprising given the recent hikes in interest rates and the rising costs of living. This has, however, also given rise to a growing number of disputes between co-owners, making the Roman maxim, […]

Large parts of Johannesburg and Mpumalanga were hit by a severe hailstorm on Monday, 13 November 2023. Since then, various media platforms have been abuzz with videos and pictures depicting the damage caused by the said hailstorm. Many cars, roads, buildings, infrastructure, establishments, etc. were damaged in the process. Naturally, the first thing that the […]

 Adams Adams Africa · Hot 102.7 – 11-10-2023 | Constitutional Court Changes the Divorce Act

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. Although this does not guarantee a payout, it does, nonetheless, enhance one’s chances of […]

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of community of […]

The Department of Transport published a draft Road Accident Fund Amendment Bill on 8 September 2023. The amendment bill aims to make a lot of changes to the way the RAF actually works, but one of the more contentious points is moving away from a compensation model to a “social benefits” model. Should the draft […]

The news that dominated the headlines this past weekend, 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 […]

During the course of last year, 2022, there were various media reports that there has been a significant rise in home insurance claims. Complimenting these reports was the announcement by the Short-term Ombudsman’s Office that there had been a rise in disputes relating to home insurance claims. There were many reasons attributed to this rise, […]

On 5 September 2023, a noteworthy legal judgement emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg. The case centered around an individual sanctioned by the Johannesburg Stock Exchange (“JSE”) for transgressing various provisions of the JSE’s Listing Requirements. Aggrieved by the sanction imposed, the individual applied, under section […]

Introduction: It is not uncommon for financial services representatives (“the representatives”) who are debarred to run out of time to file their reconsideration applications. There have been, over the years, various reasons submitted to the Financial Services Tribunal (‘the Tribunal”) trying to condone the late filing of such applications. Some of the reasons are meritorious […]

The needs and requirements of minor children are a vast galaxy of intricate concepts regulated by a minor child’s guardian. In terms of the South African Children’s Act (38 of 2005) a minor child’s biological parents automatically have parental rights and responsibilities, which include guardianship. A guardian must administer and safeguard a child’s property, assist […]

Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death. Following the COVID-19 pandemic, with most people choosing to stay indoors, the food delivery industry expanded and presented more opportunities for players in the industry. It also created job […]

Introduction: It is often said that South Africa’s financial sector is one of the most highly regulated in the world. This is certainly true if one has regard to the several ‘financial sector laws’ (see Schedule 1 of the Financial Sector Regulation Act) that regulate the financial sector. There are several statutory duties imposed on […]

The legislature continues to play catchup in Family Law to ensure that the law is aligned with the Constitution and the goals which South Africa wishes to receive as a democracy, including equality. Our legislation as it stands does not regulate some religious marriages in South Africa, such as Muslim marriages. As a result, Muslim […]

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes. Prescription periods are set out in various laws and […]

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 […]

The past few weeks have been engulfed with flames of truck arson attacks in South Africa. Over 20 trucks have been torched in various provinces including Mpumalanga, Limpopo, Kwa-Zulu Natal, etc. While the sudden rise in these incidents is undoubtedly worrisome, one must bear in mind that truck attacks are not a novel phenomenon in […]

Twenty-nine years into democracy, our society continues to evolve and undertake efforts to reverse the injustices of our past. The legislature plays a huge role by changing legislation to ensure that it is in line with the goals South Africa wishes to achieve. The most recent proposed change, which we welcome, is the Draft Marriage […]

INTRODUCTION The North Gauteng High Court recently handed down a judgment which will undoubtedly gain support from many policyholders. Whilst the matter specifically relates to a car insurance claim, the principles laid down in this case will certainly find application in other insurance cases. The case is significant for both the insurers and the insureds […]

Introduction It is almost impossible to think of an insurance policy that does not have any conditions and/or warranties. Most insurance policies, if not all, have various conditions and warranties which, if they are not adhered to, may lead to a lawful rejection of one’s claim. The conditions and warranties perform extremely important functions in […]

The global business community is undergoing a transition towards a green economy driven by a shared recognition of the urgent need to address climate change, protect natural resources, and promote sustainable development. As businesses in South Africa and elsewhere adopt sustainable practices and environmentally conscious strategies, they can expect to encounter two categories of risks […]

For the past few days, the international news has been dominated by the missing Titanic submarine. Social media platforms have also been abuzz with the missing submarine. One of the interesting questions that seemed to be prominent was the question of whether insurance claims could be submitted if the passengers of the submarine were not […]

The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. This article seeks to discuss the principle of separation of powers as enshrined in the Constitution, with regards to Regulation […]

It is trite law that a principal cannot be held civilly liable for the wrongs committed by an independent contractor unless the principal is personally at fault. The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving […]

Insurance contracts are sometimes referred to as reciprocal contracts because they usually involve both the insured (paying a premium and getting peace of mind) and the insurer (bearing the risk whilst getting premiums) – both parties bear some obligations and (potential) benefits. There are, however, instances where the lines may be blurred. This is due […]

The Minister published an amendment to the Regulations on 27 May 2022 which replaced the RAF1 claim form as previously published. However, this amendment has had further reaching effects than probably anticipated. The effects of the amendment are going to be discussed hereunder the following headings: A. At lodgement of the claim; B. At trial; […]

A few years ago, several well-known short-term insurance companies took legal action against an intermediary company due to the damages they incurred as a result of the intermediary’s collapse. The intermediary, presently in liquidation, was responsible for the collecting and accounting of premiums owed to the insurers. Surprisingly or some might even contend strangely, the […]

Insurance policies often contain a standard clause requiring policyholders to comply with the laws of the country where the policy is issued. The intention behind the clause is to ensure that policyholders act in a lawful manner. Failure to comply may lead to policy exclusions or the denial of claims. With the current energy crisis […]

The parties to an insurance contract all have a legal duty to disclose. All the material information must be disclosed. This sounds simple enough, however, this is not so in real life. This is evidenced by the fact that there is plethora of court cases that relate to the issue of non-disclosure. The substance of […]

It is not unusual to have insurance claims approved but payouts being underwhelmingly low and/or slow. This was mostly seen during COVID-19 in relation to business interruption claims. Whilst most claims were approved by the insurers, the payouts left the insureds with great dissatisfaction. Despite COVID-19, many other major events led to this kind of […]

Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Principle of average Underinsurance arises when the amount for which an object is insured is less than the actual value thereof. When this happens, it gives rise to the principle […]

The National Shutdown of 20 March 2023 saw many businesses and institutions close down in fear of violence and destruction to their properties. To the contrary (credit being due to the protestors and overwhelming visibility of law enforcement) this was not the case. Whilst the anticipated damage was less than expected, it is nonetheless apt […]

Litigation in South Africa has risen tremendously over the years with more and more individuals and organizations seeking redress through our courts. The increase in litigation can largely be ascribed to: Improved access to justice through initiatives, such as the Small Claims Court, Legal Aid South Africa, and the various industry Ombuds. Consumer friendly legislation, […]

Most short-term insurance policies have a standard “precautionary clause” that requires the insureds to “take all reasonable precautions to prevent loss, damage, accidents…”. This clause ordinarily forms part of the general terms and conditions of the policy. It is not uncommon for insurers to rely on this clause to reject claims – sometimes rightly so, […]

Non-disclosures by policyholders are rife within the long-term insurance industry. A non-disclosure can be committed fraudulently, innocently, or negligently. In any respect, the non-disclosure needs to have been material and must have induced an insurer into entering a contract of insurance to warrant the contract being avoided (cancelled). The test for materiality is an objective […]

It is not unusual for many insureds to complain about unexplained delays in their insurance claims. More often than not, insureds undergo a very frustrating period whilst waiting for the outcome of their insurance claims. There are many applaudable reasons why insureds may become frustrated when there are delays in the claiming process – an […]

Insurance policies often contain clauses requiring policyholders to take reasonable steps to maintain an insured object. The reason therefore is quite simple – the purpose of insurance is to protect policyholders against unforeseen events, not to compensate them for wear, and tear. A policyholder’s failure to maintain an insured object may result in any claim […]

Introduction: South Africa has been experiencing a heavy downfall for a couple of weeks now, which has resulted in heavy flooding in most provinces. It is for this reason that the President of the country has declared a National State of Disaster. The ongoing flooding has caused serious damage to people’s properties, cars, house contents, […]

The Ombudsman for Short Term insurance has ruled that an adventure resort’s insurer is liable to indemnify it against a claim brought by one of its patrons. On 19 January 2019, a patron sustained severe burns when hot oil from one of the resort’s quad bikes spilled onto the patron’s legs. The patron immediately demanded […]

South Africa is suffering from the worst loadshedding ever implemented. This is causing significant headaches for the insurance industry, particularly the short-term insurance companies. The energy crisis comes on the back of the major calamities of recent years, such as Covid-19, the July 2021 unrest, and the Durban floods of April 2022. As a result, […]

During May 2015, a fire broke out on farm owned by Normandien Farms (Pty) Ltd (“Normandien”), causing extensive damage to a plantation which was insured by Safire Crop Protection Co-operative Limited (“Safire”). Normandien subsequently lodged a claim with Safire who in turn rejected the claim. The reason for their rejection was twofold; firstly, Safire believed […]

Within the first month of the new year, there have been 2 (TWO) tigers reported to have escaped from captivity and found to be roaming around freely on the streets. The first one was found and euthanised. By the time it was located, it had already seriously injured at least one resident. There have been […]

Our client, a successful medical practitioner, suffered a cardiac arrest (“the event”) following a routine procedure to remove a mass from his kidney. Pursuant to the event, our client was placed on a ventilator for months, resulting in him not being able to speak post being weaned off the ventilator. In addition, our client suffered […]

Many insured consumers may be in for a nasty surprise for wrongly believing that they enjoy blanket cover from their insurer. The reality is however that their cover is limited to that specifically agreed with their insurer. The cover usually relates only to physical damage sustained to an insured object, meaning that, unless otherwise agreed, […]

For most households, the first few months of the year are the most financially demanding and, as a result, people struggle to make ends meet. It is, as such, not surprising that most people relook at their budgets to identify non-essential expenses. It often happens that insurance policies are one of the few items that […]

A large insurance company’s application to rescind a court order, granted by default, was dismissed with costs in the High Court of South Africa, Gauteng Division, Pretoria. The insurer, in exchange for monthly premiums to be paid by the insured, agreed to indemnify the insured for loss or damage. The insured’s motor vehicle was subsequently […]

The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold. Shareholders are bound by the decisions of the board of directors as enacted through its resolutions. In principle, the rights which accrue from the ownership of […]

A few media houses have recently reported that Mr. Erlo Goshai, a Cape Town motorist, has warned motorists to “read the fine print when entering into contracts with their insurance company to make sure they are adequately covered”. According to the reports, Goshai was driving along Marine Drive and was in the process of turning […]

In most divorces, either one of or both the parties feel wronged and aggrieved by either having to share their assets, or having any assets included in the calculation of the accrual. The Pretoria High Court recently ruled that a woman’s infidelity amounted to substantial misconduct and, as such, she forfeited her right to share […]

Consumers procure insurance for many reasons. One of the reasons is to protect themselves from their own actions. Negligence v recklessness Some actions enjoy cover under insurance policies whilst others don’t. For example, negligent actions are usually covered whilst reckless actions are usually not. Negligence can colloquially be defined as failing to act reasonably which […]

In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula’s appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks on Intercape’s long-distance buses. In the minister’s appeal, Mbalula argued that the court erred in requiring […]

INTRODUCTION South Africa protects the rights of minorities or previously marginalised groups through legislative and constitutional means. The right to equality is constitutionally entrenched. Section 294 of the Children’s Act 38 of 2005[1] (hereinafter referred to as “the Act”) prevents persons who are infertile and unable to donate gametes for the purpose of a surrogacy […]

The festive season is upon us, and everyone is eagerly looking forward to their much-needed break. It is the “crazy season,” with lots of buying, travelling, partaking in various adventurous activities, etc. An unfortunate reality is that during the festive season, there are lots of insurance related perils that tend to occur – which do […]

It is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing. It is therefore apt that the public be informed or reminded about some of the realities with regard […]

Dependent children have the right to claim for loss of support from the Road Accident Fund, provided their parent passed away in or from a motor vehicle collision which was not their fault. In other words, the collision must have been partly or entirely caused by the negligent driving of someone else Parents can also […]

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 2015. This insurance repudiation matter involving highly technical legal and civil engineering components is crucial for […]

The Constitutional Court recently delivered a judgement which overturned the High Court’s ruling that certain sections of the Births and Deaths Registration Act 51 of 1992 (hereinafter referred to as “BADRA”) were unconstitutional due to there being a prohibition on the burial of foetuses which were either miscarried or aborted at less than 26 weeks […]

Thousands of consumers make use of the services of a broker, to procure insurance from an insurance company. In such instances, two separate agreements come into existence.[1]The first is between the consumer and the broker and the second is between the consumer and the insurance company (represented by the broker). While both agreements involve the […]

Over the past few years, there has been a marked uptake in the trading of crypto assets, such as Bitcoin, Ethereum and Monero. These digital currencies often surpass regulatory scrutiny because they are not recognised as financial products. This has now changed. The Financial Service Conduct Authority (FSCA) has recently provided much-needed clarity on the […]

Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers between the legislature, the executive and the judiciary create a carefully crafted balance, designed to deliver on the vision of the Constitution. If the balance is disturbed, the system […]

Introduction Eskom, the country’s only public power utility, is seriously battling to meet the electricity power demands of the population, and this is likely to have catastrophic consequences for the healthcare system. In recent weeks, several government officials have been calling on Eskom to exempt hospitals and health institutions from loadshedding. Health institutions rely heavily […]

There are instances where a court order or judgment contains mistakes, ambiguities, or omissions which the court must correct or clarify to the litigants. Often, the purpose of such clarification/correction is to ensure that the proper and true intended purpose of the order or judgment is given effect to and to ensure that such order […]

South Africa’s energy crisis seems to be getting worse by the day, and there is no end in sight. Eskom, the only public energy supplier who has in the past received massive financial injections from the government, seems to be helpless at this point. There are many reasons that have been advanced for this crisis […]

Introduction: The major events of recent years, particularly in South Africa, including the 2021 July civil unrest and 2022 Durban floods, have brought forth an issue that is not often entertained due to the rarity of such events, and that is whether it is possible to claim under a life policy where the deceased’s body […]

The recent raid by the Competition Commission on prominent players in the insurance industry serves as a wake-up call for companies to ensure that their affairs are in order. One way to do so is through a competition health check whereby an independent attorney conducts an assessment to establish whether your company’s policies and practices […]

PRICE TO PAY IN THE KING PRICE CASE: FAILURE TO COMPLY WITH YOUR INSURER’S REQUESTS!! INTRODUCTION On 9 May 2022, the South Gauteng High Court division delivered a judgment in the matter between Zandisiwe Musa (“Musa” hereinafter) and King Price Insurance Company (“King Price” hereinafter). This judgment is significant in many respects, as it highlights […]

In many broken marriages the parties elect to remain married until their children have reached the age of majority or left the matrimonial home to obtain a tertiary education. The reality of the situation is, however, that many children between the age of 18 and 22 or even older in some instances, are still in […]

Rule 23 of the Uniform Rules of Court enables a litigant, within the time-period afforded of course, to deliver an exception in response to a pleading. An exception can be filed when a pleading is considered vague and embarrassing; or if it lacks averments which are necessary to sustain an action or a defence. A […]

Most taverns are notoriously known for their unsafety and violent activities. Serious assaults, bar fights, and sometimes deaths are not necessarily unheard of in taverns. Most societies have come to accept such occurrences at taverns. As a consequence of this acceptance, most incidents are not reported. In recent weeks, South Africa has seen a worrisome […]

The South African courts have seen a rise in litigation dealing with substitution orders, within the area of public procurement law, since the seminal Constitutional Court judgement of Trencon Construction (Pty) Limited v Industrial Development Corporation of South Africa Limited 2015 (5) SA 245 (CC) (“Trencon”). Despite this rise, it would seem that orders of […]

As if there have not been enough fires in the country for 2022, there is an expected rise in wildfires as the winter season is in full swing. With strong and harsh winds that naturally come in the month of July, wildfires are to be expected and businesses and individuals alike will need to be […]

Most South Africans are not aware of the different platforms available to them in situations when they are aggrieved by the conduct of a legal practitioner. Some of these platforms are more expensive than others, depending on various factors which differ from case to case. One of the most recently introduced platforms is the Legal […]

Delictual claims ordinarily dominate our courts. This is evident from the annual statistics relating to legal claims against various organs of the State and departments of government. Not only do such claims get instituted against public entities, but there are also various claims of such nature against private institutions. What is seldom, however, is to […]

Gone are the days where spousal visas of a foreigner, who has parental responsibility and rights in South Africa, expire upon the termination of the spousal relationship which formed the basis of the visa. Foreign parents and caregivers of South African children shall now be allowed to remain in South Africa, even after their relationship […]

Within the legal profession, it is ordinarily said that “if the facts are unfavorable to you, argue the law and, if the law is unfavorable to you, argue the facts.” This proved to be the case in the Masibulele Rautini and Passenger Rail Agency of South Africa (“Masibulele case” hereinafter) matter, heard by the Supreme […]

Since the promulgation of the Legal Practice Act 28 of 2014, on 22 September 2014, legal practitioners waited for the day that the Minister of Justice would promulgate the hours for community service. That day came on 3 May 2022, eight years later. The proposed regulations were published for comment by the Minister of Justice, […]

On 11 May 2022 the Pretoria High Court ordered that Section 7(3)(a) of the Divorce Act, 70 of 1979, is declared inconsistent with the Constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of community of property entered into before the commencement […]

Insurance provides cover for losses arising from insured events which may happen in the future. Against an agreed premium, the risk of an insured event arising is transferred from the insured to the insurer. Insurance is, therefore, a critical risk mitigation component to both businesses and individuals alike. In practice, insured events triggering insurers policies […]

Weather conditions of any sort have direct effect on the insurance industry. The severity thereof is, however, of particular significance for the industry, as the possibility of insured risk materialising heightens. At this point in time, this is particularly relevant in South Africa given the ongoing heavy and persistent rains. There have been reports, images […]

Insurance provides cover for losses arising from insured events which may happen in the future. Against an agreed premium, the risk of an insured event arising is transferred from the insured to the insurer. In practice, insured events triggering insurance policies to respond are not always clear-cut. This is largely due to the complex wording […]

The teacher – pupil relationship is not a topic that is adequately explored and discussed amongst the relevant stakeholders, given the events of recent years. One would expect such topic to be visited regularly in view of the frequently rising number of abusive and bullying incidents between teachers and learners. Most recently between February 2022 […]

Teenage pregnancy remains a fundamental crisis amongst the youth in South Africa, particularly amongst high school pupils. Over the years, there has been an increasing number of calls for greater measures to be implemented by various stakeholders in an effort to prevent this ongoing crisis within our education system.  Whether it be in the form […]

The past few years have tested the resilience and strength of insurers to the greatest magnitude. This has been the case worldwide and, more so, here in South Africa. Many insurance-triggering events occurred, requiring insurers to respond. Although most of these occurrences were relevant mainly to short-term insurers, some were relevant to long-term insurers. After […]

Pretoria – The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage. The estranged wife of a wealthy farmer turned […]

Introduction When concluding an insurance contract, it is important in the pre-contractual stage, to disclose all material facts which would be relevant to the assessment of the risk, the premium to be determined and decision to be made by the parties to conclude the agreement. A statement of fact which is false or misleading, amounts […]

The investigation and prosecution of medical malpractice claims has become an important part of the portfolio of services offered by many attorneys. Yet it remains a highly specialised field of legal practice, where the law and the medical sciences meet. For this reason, the decision to investigate and ultimately pursue a medical malpractice claim should […]

It is fast becoming a normality to wake up to the reports of fire break outs in South Africa. Since the July 2021 civil unrest, there has been further major fire break outs. This year alone, 2022, there has been at least 4 (FOUR) major fire break outs reported. During the July 2021 civil unrest, […]

The sudden and unexpected implementation of the Road Accident Fund’s controversial Management Directive had many attorneys up in arms not so long ago. Whilst the legality of the Management Directive is currently the subject of a Review Application brought by our firm on behalf of various Applicants, Mr Letsoalo (CEO of the RAF) has made […]

As schools reopen, a concerning issue for many parents is bullying. This is justifiable, particularly in the South African context, where there have been increasing reports of cases of bullying in schools, some of which have resulted in loss of life. Bullying comes in several forms, some more severe than others, which can affect victims […]

The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State (“the Commission”), chaired by Acting Chief Justice Raymond Zondo released part 1 of its report on 4 January 2022. The complete report is being released in three tranches. Part 2 was released on 1 […]

The start and end of the festive season sadly sees an expected rise in the onset of divorce actions. These leave many people anxious about what will happen to them financially pending divorce actions, this includes whether they will see their children or how financial commitments will be met, or even how to pay the […]

A personal injury lawyer has knowledge of and works within the sphere of healthcare, litigation, and clinical negligence. They provide their services to those who have been injured, experienced physical or psychological damage, or have been wronged by another person. This damage could have been caused to the person, their property, rights or even their […]

Parents and students are gearing up for the new school year. This is an expensive exercise – especially for those in need of first-time or new school uniforms. However, the Competition Commission – through its investigation into the pricing of school uniforms and subsequent stakeholder engagements – are hopefully bringing some much-needed relief for parents. […]

We have seen over the years that the number of accidents considerably increase. This is evident from the annual statistical reports by the Department of Transport. It is common knowledge that, in law, victims of the car accidents can claim for compensation from the Road Accident Fund, in terms of the Road Accident Fund Act. […]

Covid-19 cases are on the rise, once again, in South Africa, in line with what scientists had predicated mid-year. The fourth wave of infections is on the cards and, therefore, it is critical that every necessary effort is made to, at least, delay this wave, or at best, avoid it. The rise in infections coincides […]

Within South Africa, one can enter into a customary marriage or a civil marriage. Both are valid forms of marriage; however, a customary marriage permits polygamy (having multiple partners), whereas a civil marriage requires a monogamous relationship (two parties entering into a union). The recognition of the Customary Marriage Act was established in order to […]

Year 2021 seems to be ending in a negative manner for South Africa, as the kidnapping of school-going children is gaining momentum. This number is justifiably worrisome for all the relevant stakeholders – parents; teachers; government officials; and society at large. While these incidents seem to be occurring at schools/near schools, they may happen at […]

The ongoing persistence of loadshedding is causing havoc for households and businesses alike. As if Covid-19 and civil unrest and looting experienced mid-year were not devastating enough for businesses, they now have to put up with the current ongoing loadshedding. Whilst most big businesses may have insurance cover and mitigating equipment in place to deal […]

Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises. Who is liable for the injuries sustained from a dog bite or from other domesticated animals? ACTIO DE PAUPERIE For liability (to succeed with an action) under the actio […]

INTRODUCTION Businesses always strive to have sufficient insurance cover for all and any possible perils. For this, they are willing to spend a lot of money. It is for this reason that when an insured peril occurs, they realistically and reasonably expect their insurers to pay out and/or repair the damage. Unfortunately, this is not […]

On the 19th of May 2021, the South African Competition Commission (“Commission”) formally initiated a market inquiry into the online intermediation platform market (“OIPMI”) in terms of Section 43B(i)(a) of the Competition Act, 89 of 1998 (“the Act”). The Commission released a Statement of Issues and extensively engaged with stakeholders both through Requests for Information […]

INTRODUCTION The government’s efforts to drive the vaccination program towards herd immunity are still ongoing. This is obviously not without hurdles, especially as most people are still hesitant to vaccinate due to various reasons. The government, for most part, has been targeting adults for vaccination, though it seems like children (below age 18 but 12 […]

An injury to a person’s toes would not necessarily be regarded as a serious injury in a claim against the Road Accident Fund, unless you are a male thespian. A thespian was a passenger in a motor vehicle collision as a result of which he suffered open right metatarsal fractures and a malunion of the […]

The Constitutional Court in Member of the Executive Council for Health, Gauteng Provincial Government v PN recently confirmed that where a court grants an order disposing of the issue of merits in terms of Rule 33(4) of the Uniform Rules of Court, the terms of the aforesaid order do not preclude the MEC for Health […]

We have, over the years, become so accustomed to reading, hearing or even witnessing the firsthand aftermath of horrific motor vehicle accidents on South African roads, that we perhaps don’t immediately realise the full extent of the psychological, social and financial implications of these accidents on those directly or indirectly affected. These devastating effects often […]

When lodging a claim with the Road Accident Fund (“RAF”), road accident victims (“claimants”) may claim compensation under different heads of damages, i.e. past loss of earnings, future loss of earnings/earning capacity, general damages, past hospital and medical expenses, future hospital and medical expenses, as well as loss of support claims. In some people’s minds, […]

INTRODUCTION Covid-19 vaccination is probably the most potent weapon available at present in the fight against the Covid-19 pandemic that has taken millions of lives, worldwide. As there is still no cure or treatment for the pandemic, it remains the government’s prime objective that the country reaches herd immunity as soon as possible. To do […]

Thousands of South Africans place their trust in financial advisers to professionally manage their money and their futures. Unfortunately, many of these investors lose their money but it is not always as a result of professional negligence on the side of financial advisers. Investors need to clearly distinguish between losses arising from market or other […]

The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products are regulated by the Agricultural Product Standards Act, 1990 (“the Agricultural Act”), confirming a change in approach in applying […]

In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country. Among them, was […]

We often read or hear stories on social media or from friends about fathers of children born out of wedlock finding it difficult to assert and exercise their parental rights and responsibilities. The most common challenge which unmarried fathers face is being denied contact to their children due to customary traditions and/or being subjected to […]

Information about a person’s health and health care is generally considered to be highly sensitive and personal. Therefore, this type of information enjoys statutory and common law protection in South Africa. COMMON LAW PROTECTION The common law right of privacy prevents public disclosure of private facts. Invasion of privacy is a tort / delict based […]

Whilst the dust seems to have settled and the talk of recent riots and violence has calmed down, the vast majority of affected businesses are still grappling with the aftermath of the chaos. Insurers and SASRIA are naturally at the center of the aftermath. Most businesses would have lodged their insurance and/or SASRIA claims by […]

The events of the past two years, from the COVID-19 pandemic to the recent riots, have underlined the critical importance of business insurance. Unfortunately, there are no guarantees that your business insurance claim will be settled and not repudiated. Although an insurer has the right to protect its interests when handling your insurance claim, your […]

In January 2019, the Statute Law (Miscellaneous Amendments) Act of 2018 was enacted by the Parliament of Kenya to introduce some amendments to various intellectual property legislations including the Anti-Counterfeit Act of 2008 (‘the Act’). Amongst others, the name of the Anti-Counterfeit Agency was changed to the Anti-Counterfeit Authority and, most importantly, the Act made […]

The images of destruction and mayhem accompanying the recent looting in South Africa has caused disbelief and shock worldwide. It seems nothing was spared: looters took anything that they could carry, from food to flat-screen TVs. The financial repercussions and international investment concerns will probably be deliberated on for a long time to come, especially […]

After a whole week of turmoil, violence, killings, looting, etc., the dust seems to be settling and things seem to be getting back to ‘normal’. There have been major destructions to commercial properties; infrastructure, etc. Most of the affected businesses have announced temporary closures. Presumably, this is to, inter alia, allow businesses to engage their […]

It is no question that the embattled national broadcaster is in dire need of recalibration to pull it out of the dark age into a modern era. The government is of the view however, that this burden should be shared by the nation, whether they consume SABC content or not. In an effort to increase […]

The ongoing events of unrest and looting of shops around the country, particularly in KZN and Gauteng have certainly been worrying for business owners. Businesses have had their properties maliciously destroyed; set alight; plundered; broken into; etc. Moreover, these acts are not limited to certain types or sizes of businesses but ranges from small to large business; from cars to […]

Insurance may be defined as a contract between two parties whereby one party called the insurer undertakes in exchange for a fixed sum called a premium to pay the other party called the insured a fixed amount of money after the happening of a certain event. History of Insurance Insurance has actually existed for thousands […]

Adams & Adams offers an extensive range of specialist services in the field of insurance law. A multi-disciplinary approach by our specialists allows us to provide clients with comprehensive legal advice pertaining to the insurance sector. The following are common terms that one should familiarise themselves with should they be requiring the assistance of an […]

In a country with a high rate of crime like ours, the issue of a criminal records is pertinent and requires the necessary attention. With Covid-19 forcing constant law amendments, it is even more necessary for people to be aware of the ramifications of criminal records as they can easily and unknowingly find themselves on […]

The Covid-19 pandemic has taken its toll on many marriages, with the divorce rate climbing to unusual heights. Family Law attorneys were inundated with divorce queries throughout the lockdown levels, and continue to receive multiple queries daily subsequent to the relaxing of the levels. Divorce is especially difficult when there are children involved. There is […]

South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade. However, unfortunately, with time the most sacred traditions are being opened up to abuse. In many South […]

The Commission for Conciliation, Mediation and Arbitration (CCMA) promotes fair practices in the work environment, and ensures that labour disputes that fall within its jurisdiction are resolved efficiently, cost effectively, and with the least amount of formalities. An employee is able to refer a dispute to the CCMA by submitting a Labour Relations Act (LRA) […]

The Children’s Act 38 of 2005 is watershed legislation designed to achieve many purposes, prime among them is ensuring the best interests of the child are guarded and treated as of paramount importance in any matter concerning a child. The Children’s Act may also go a long way in resolving archaic and gender-powered relations within […]

The Competition Commission (the “Commission”) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the Commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets. Due to the […]

On 13 April 2021, the Supreme Court of Appeal delivered a full bench judgement on the matter between King Price Insurance Company Ltd (“the insurer”) and Concise Consulting Services (PTY) LTD (“the insured”). In a legal battle that has been lingering on for over 5 years, the insured has eventually come out as victor. A […]

Defending court actions are expensive for several reasons. Depending on the forum in which the action is instituted, the costs of defending claims can easily run into hundreds of thousands of Rands. Careful consideration should, therefore, be given to the costs of litigation prior to defending claims. Early Assessment of the Merits of the Claim […]

The wait is finally over! South Africa’s vaccination roll-out plan is expected to go into overdrive shortly. However, in recent weeks it has been widely reported in the media that people have experienced severe side-effects, ranging from allergic reactions to blood clots, after receiving Covid-19 vaccines. Legal Position Elsewhere But who is to blame if […]

CAPE TOWN – Women married under customary law will soon have equal rights to marital assets should they divorce. Their children will also have increased rights to inheritance. These are two major amendments made to the Customary Marriages Act passed by Parliament last month. Up until now, women married under customary law before 1998, had […]

Bullying is not a novel phenomenon. Many people, worldwide, have experienced bullying in one way or the other – sometimes without even taking cognisant that they are being bullied. It comes in several forms, some more severe than others. As times change, forms of bullying also “adapt” and change form. The drivers of bullying, the […]

Women are increasingly using sperm donors to get pregnant, either because they are in a same-sex relationship or because they are single but yearn to be a mother. The burning question that’s increasingly being posed, is whether the men whose sperm is used are dads or merely donors. It is this question being grappled with […]

In May 2015, a Gauteng man donated sperm to a same sex couple in terms of a sperm donor agreement. In terms of the agreement, the man agreed that he would neither make contact with, nor would he be entitled to any rights to the child to be born from the donation. The fertilization was […]

A personal injury lawyer assists individuals who need to be compensated for injury or damages caused by the hands of another. Injuries or damage can apply to bodily and financial harm, as well as property, rights, or reputation. These legal services are vital for those who present claims which assert that they have been injured […]

It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one. Adams and Adams RAF attorneys have seen, and been involved, in many cases where the road accident fund (RAF) either under-settles matters and provides unjust and inequitable compensation, or they […]

“Human rights are women’s rights, and women’s rights are human rights” The cabinet has approved the submission of the recognition of Customary Marriages amendment bill of 2019 to Parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against woman in customary marriages but was declared constitutionally invalid, and has […]

When the vaccine roll out plan was announced, it was warmly welcomed by many as it seemed logical and sagacious. Although there was a loud cry prior to the first batch arriving that the government has been slow in acquisition of the vaccine, it was nonetheless welcomed and seen as a giant step in an […]

Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine.  South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunized, no one will, at this stage, be legally required to […]

With a significant decline in Covid-19 cases in recent weeks, the government has naturally decided to uplift some of the restrictions – to allow for more economic activity and allow people to get as close as possible to their natural normal living. This is, of course, necessary and critical considering the impact that the pandemic […]

Shortly after the implementation of the lockdown restrictions early last year, there were several reports of law enforcement brutality and assault. It is believed that many of these incidents have been unreported. One of the widely publicised incidents is that of Mr Khosa, whose life was cut short because of military soldiers’ brutality. The lockdown […]

The South African Human Rights Commission (“SAHRC”) has released its final report regarding the inquiry into the sewage problem of the Vaal River. The report, released on 17 February 2021, suggests a very distasteful and unpalatable state of the Vaal River – despite this being a crucial water source in Gauteng. To this extent, according […]

It has been it is almost a year since the first COVID-19 case was reported in South Africa. Given the devastating impact of this virus, the endeavours to find effective vaccine, treatment and cure have been ongoing, world-over. To date, there are several vaccines that have been manufactured and are already being distributed to countries […]

An overview of how to challenge lockdown regulations in South Africa compared to an advanced democracy like that of Switzerland Switzerland will hold a referendum on whether to strip the government of its power to impose lockdown measures. The Financial Times reported that during mid-January, campaigners handed in a petition with 86,000 signatures, well above […]

Traditionally, we, South Africans, are adventurous and love travelling and “having fun” and it is no coincidence that our local tourism contributes heavily to our GDP. It is therefore no surprise that, despite the ongoing COVID-19 pandemic that has claimed thousands of lives in the country and millions worldwide, the event organisers continued with their […]

The festive season has come to an abrupt stop and as people are returning to work from a rather unusual Festive season in 2020, family law lawyers are being inundated with new divorce enquiries. The “divorce season” has always existed directly after festive periods, and especially during the first few weeks following the December / […]

Governed by both the Labour Relations Act, as well as the Basic Conditions of Employment Act, permanent, fixed termand part time contracts of employment regulate the employment relationship (including rights, duties and obligations) between the employer and the employee. Permanent Employment Contract A Permanent employment contract endures indefinitely or at least until the date of […]

When it comes to personal injury litigation, one of the most common tactics used by defendants is to attempt to delay the process through exceptions which are increasingly ill founded. Let us face it: most of the doctors and hospitals sued for personal injury claims are insured. These insurance companies are civil litigation veterans. They […]

It is a known fact that the festive period comes with an increase in the number of road accidents. There are various reasons for these i.e. a lot of travel happens during this period, a lot of drinking and driving, etc. Whilst some road accidents occur as a result of the victims’ own recklessness, it […]

Before the COVID-19 pandemic accelerated the transition to remote working capabilities, an employment contract would often refer to an employee’s ‘place of work’. At such ‘place of work’, the employer and employee both had obligations to fulfil, which were regulated by legislation and practice reflected in the employment contract. However, the move to a more […]

In a recent Savile Row Workplace survey, in partnership with Adams & Adams, and published in October 2020, 88% of the respondents said they prefer to either work from home or a combination of both home and office. Despite this, 67% of those surveyed have not altered their work policies or agreements for remote working, […]

Almost overnight, most office-based workers had to adapt to remote working conditions when social distancing regulations were put in place in March this year to slow the spread of the COVID-19 virus. This shift has presented challenges as well as pay-offs, and as restrictions have eased and a new hybrid model of working is looking […]

Dogs, just like other domesticated animals, are an important part of most families – for affection, security, etc. As such, dogs play an important part in the family setting. However, in recent months many dog owners have become concerned by the growing number of cases relating to dog bites. When these cases succeed, owners are […]

88% of the respondents in the Savile Row Workplace survey published in October 2020 would prefer to either work from home or a combination of both. A few days ago, Microsoft a permanent work from home option with its staff. Despite this, 67% of the respondents in the survey have not changed work policies or […]

It is expected of divorced parties to close the old book and start a new life after what is usually a traumatic and most definitely a life-changing experience. Very often a new life does not only include a new haircut and wardrobe but also a new province or even a new country. It is an […]

The nationwide lockdown caused by the COVID-19 pandemic has had a major effect on people’s daily activities. Under Level 5 (from 26 March to 1 May 2020), people’s movements were greatly restricted, and failure to abide by the government regulations had serious ramifications for offenders. These restrictions, as well as the closure of various institutions […]

A recently published report on Statistics SA has given insight into the divorce rate in South Africa; however, the report only reveals divorce rates up to the year 2018. The COVID-19 lockdown periods saw a significant (20%) increase in the number of divorce requests, while divorced and separated individuals struggled to navigate the blurred lines […]

Over the past few years, there have been reports in South Africa of women being wrongfully sterilised. Various explanations have been given for this, most of which are discriminatory in nature, as these wrongful procedures tend to be performed on women living with certain chronic diseases, of a certain colour, of specific background, etc. It […]

In recent years, claims for constitutional damages have been gaining traction, as there has been a loud cry over the level of service delivery. Constitutional damages are the damages that the victim can claim where his/her constitutionally protected right has been violated. Covid-19 has put much pressure on the government to fast-track some basic services […]

Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day. It is also a division of the Passenger Rail Agency of South Africa (PRASA), a state-owned enterprise which is responsible for most passenger rail services in South Africa. The rail service providers like PRASA and Metrorail […]

It has now become ostensible that COVID-19 pandemic together with the restrictions imposed by governments around the world will affect everyone, every profession and business. The nature and financial muscles of businesses have been tested to the greatest extent. This has proved to be true for the legal profession and, will continue to be so […]

What are the rules and regulations regarding dismissals during the lockdown? Employers are not precluded from dismissing employees during the national lockdown, provided that such dismissals are implemented in terms of the LRA. In this regard, the LRA provides that a dismissal must be for a fair reason (misconduct, incapacity or operational requirements and effected […]

Companies now have further clarity on the enforcement of competition law, particularly regarding the Competition Act’s price discrimination and buyer power provisions. The Competition Commission (“Commission”) recently published guidelines on how the ‘Buyer Power’ regulations will be enforced. The Buyer Power regulations – essentially aimed at levelling the playing field for companies – will assist […]

On 22 June 2020, the Supreme Court of Appeal not only delivered an interesting judgement for the legal fraternity but brought a widow one step closer to finally realising justice after 10 years. The judgement is crucial for litigators because the matter deals with a fairly regular and familiar issue, concerning a motor vehicle qualifying […]

Author: Mpumelelo Ndlela The Supreme Court of Appeal (SCA) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA (“Motloung”), discouraged the conduct of the sheriff in Pretoria East (“the respondent”) for refusing to serve a high court summons, resulting in the prescription of the Appellant’s third party claim […]

It often happens that a married person does not understand the legal consequences of their marriage. Even worse, parties to a marriage sometimes only realise afterwards that their marriage is not recognised as a legally binding marriage in terms of our legal system. Below is a brief explanation of the validity and consequences of marriages […]

Since the commencement of the nation-wide lockdown, PRASA ceased all its operations. The country is now under Alert Level 3, as of 1 June 2020, and it has been announced by the Minister of Transport that PRASA will not be commencing with its proposed phased-in resumption of service. This is despite the fact that thousands […]

The end of “lockdown” in South Africa is uncertain.  The devastating effect on the economy and households will be a reality for a time to come.  Unfortunately the most vulnerable members of society are the hardest hit. While both men and women are the victims of gender-based violence and domestic violence, the statistics show that […]

Following a complete lockdown which extended beyond a month, the President of the Republic of South Africa announced the plans to resume economic activity. The necessary amendments to the original Regulations were effected, consequently. The phased-in plan to resume activity was explicated and implemented as of the 1st of May 2020. Although some sectors have […]

The coronavirus outbreak saw many countries around the world going into a lockdown to combat the spread of the virus. South Africa adopted the same strategy to “flatten the curve”. The President announced early closure of the schools even before the announcement that the country will be going into a complete lockdown. This was done […]

With various changes to Court processes as a result of the COVID19 pandemic, the use of common law offers of settlement in attempts to reduce costly and protracted litigation is more compelling now than ever. Common law offers of settlement are under utilised in South Africa. These offers can be very advantageous for the plaintiff. […]

As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other healthcare workers. A number of governments have imposed export controls on the export of a variety of medical (and industrial) PPE. In […]

What Must Police Officials Consider in Order for Their Conduct to Be Lawful? Arrest is one of the lawful methods of securing the attendance of an accused person in court. It is also the most drastic method. S38 of the Criminal Procedure Act states that methods of securing attendance of an accused person include: arrest […]

“Integrity: The indispensable element – the Fundamental Principles Leading to Trust, Reputation, Fair Play, Reliability, Adherence to Proper Conduct, Standards, Values.” – James Thomas. Integrity is integral everywhere and, in every space, however, in the legal profession, it is a non – negotiable trait – one that the court needs to be satisfied with before […]

Obtaining a favourable judgment against an Organ of State marks a day of success and promotes the feeling that justice has been served.

The spread of the novel COVID-19 in South Africa has prompted the government to intensify its efforts in assisting the most vulnerable people in our country including the provision of recent financial reliefs.

Whilst many of us scramble to survive and limit the financial harm where possible, others opportunistic individuals and companies are trying to cash in on the panic by taking advantage of the public.

There is a lot of uncertainties and inconsistencies regarding customary marriages in South Africa. The law around customary marriages continue to be developed on a case by case basis.

When lockdown was initially imposed children were required to remain solely with one parent holding parental responsibilities and rights and to not travel between other co-holding responsible persons. These parental responsibilities and rights can extend to others, like guardians and caregivers if appointed as such by the Court.

In South Africa, the health sector (public and private) is a ‘famous’ Defendant in our courts as the government, hospitals and/or doctors are often sued for medical negligence by the members of the public

The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life.  The full extent of this worldwide pandemic is yet to be seen, understood or experienced.  Uncertainty is at the forefront of the thoughts of most people.

Despite lockdowns and various preventative measures being taken by numerous jurisdictions around the globe, the devastating impact of COVID-19 (“the coronavirus”) continues at a startling pace. Locally, the pandemic will highlight the inequality amongst the different classes of South Africans.

Individuals, corporations and the economy have all fallen victim to the devastating impact of COVID-19 (“the coronavirus”). However, the recent regulations published by the Minister of Trade, Industry and Competition, Minister Patel, intends to bring some relief to the economy in its bid to fight the pandemic.

Divorced and separated parents, as well as co-holders of parental rights and responsibilities, such as guardians, have been rolled yet another dice in the exercise of their respective contact rights during the lockdown period.

Tommy and Tigger Terry projects the painful reality of divorce through the eyes of a boy thrust in the middle of an ugly tug-of-war. This new children’s book tackles the distressing reality of children and teens impacted by family breakdown

The abrupt outbreak and negative impact of the COVID-19 disease has taken the whole world by surprise, prompting several role players and government leaders to implement drastic measures to curb the spread of this fatal disease.

The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life.  The full extent of this worldwide pandemic is yet to be seen, understood or experienced.  Uncertainty is at the forefront of the thoughts of most people.

As of 9 March 2020, parties are required to consider mediation for every new matter instituted in a High Court of South Africa.

2020 has commenced on a negative note for the Gauteng Department of Education. 18 scholars have died under various circumstances since the beginning of this year. The MEC of Education in the province has expressed his sadness and even went on to call for supernatural intervention.

We take a look at the intended effects of the Competition Commission’s investigation into the pricing of school uniforms and the subsequent agreements signed before the Competition Tribunal in 2019.

When mom and dad decide to get a divorce, the effects on children are frequently often overlooked. What are the responsibilities of the parents and the divorce attorneys?

Often road accident victims, or their relatives, are unaware of what legal remedies are in place and those who do not know where to go or if their claims are valid.

The High Court in Pretoria has ruled that Gauteng’s current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player’s death at the Steve Biko Hospital.

The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others 2018 ZACC 7, recently held that ‘there is no requirement’ for an employer to afford an employee an opportunity to make representations why the employee should not be suspended (in the case of precautionary suspensions), prior to suspending the employee. An employee […]

Unfortunately incidents where it can be shown that medical professionals have neglected their legal obligation and are negligent are becoming commonplace. So what steps should you take if you, or a loved one, find yourself in a similar position?

Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a “long and difficult” struggle to have another baby. How does surrogacy work in South Africa?

Planning your ‘happily-ever-after’ is no easy feat. Between finding a venue, coming up with a world war-thwarting seating plan and orchestrating photography and flowers, couples find themselves managing a lot during the engagement period. Understandably then, the conclusion of the marriage agreement between two persons hardly receives the due consideration and attention it requires. For […]