Mtho Maphumulo

FACTUAL BACKGROUND The plaintiff issued summons against the defendant for payment of R696,002.42, together with interest and costs. The claim was founded upon an Acknowledgement of Debt (“AOD”) concluded between the parties on 21 July 2020 at Bloemfontein. In terms of the AOD, the defendant acknowledged being truly and lawfully indebted to the plaintiff in […]

Introduction The recent decision in Dimension Church v. Church Mutual Insurance Company, S.I. offers a instructive reminder of the exacting standards that apply when an insurer seeks to cancel a policy for non-payment of premiums. At its core, the judgment turned on a deceptively simple question: did the insurer send its cancellation notice to the […]

Introduction On 18 May 2026, the Constitutional Court handed down a unanimous judgment in Solidarity Trade Union and Others v Minister of Health and Others, confirming the order of constitutional invalidity made by the Pretoria High Court. The matter concerned the constitutionality of sections 36 to 40 of the National Health Act 61 of 2003, […]

Facts On 10 April 2016, the Plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the Plaintiff had suffered a ruptured aneurysm in her popliteal artery, resulting in limited blood flow to her lower left leg. The rupture went untreated for a critical period, […]

INTRODUCTION In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted action against the life insurer, the defendant, in December 2012 for payment of benefits allegedly due under a life insurance policy. The Defendant defended the action and filed a counterclaim to recover payments already paid under the policy. The matter was then enrolled […]

The judgment of the Free State Division of the High Court, delivered on 19 March 2026, serves as a compelling reminder that the decisions of professional regulatory bodies are not beyond scrutiny. The case concerned a Rule 53 review application brought by the applicant, a qualified accountant and Associate General Accountant member of the South […]

Introduction On the night of 13 October 2014, two Grade 12 learners— B, aged 18, and O, aged 17 — drowned while attending a school revision camp. The camp had been organised to assist learners in their Matric examination preparation, and no provision had been made for swimming. Learners were expressly and repeatedly instructed not […]

Introduction A recent judgment of the Mahikeng High Court serves as a stark reminder that a change in the legal foundation of a claim — from contract to delict — is not merely a technical adjustment. It constitutes the introduction of a new cause of action and, consequently, a new debt for the purposes of […]

Facts The Plaintiffs operated restaurant businesses and appointed the Defendant, an insurance broker, to procure commercial insurance on their behalf. On 4 June 2019, the Defendant procured policies from Renasa Insurance Company Ltd, but these critically did not include an extended business interruption clause covering losses from infectious disease outbreaks. When COVID-19 struck, the Plaintiffs […]

Background The High Court of Uganda, sitting at Jinja, delivered a noteworthy judgment in an HIV misdiagnosis and medical negligence case on 18 February 2026. Facts In July 2016, the Plaintiff attended the Defendant’s facility for HIV testing and was diagnosed as HIV positive. He was immediately enrolled on antiretroviral therapy (ARVs), which he took […]

Background This piece pertains to a recent matter that was heard in the United States District Court for the District of Massachusetts. The judgment was delivered on 10 February 2026. Facts The Plaintiff, a real estate agency, was engaged principally in the brokering of residential real estate. It purchased a Real Estate Agents Errors and […]

Background The Johannesburg High Court recently dealt with an interlocutory application concerning compliance with discovery obligations under Uniform Rule 35(1) in pending insurance dispute action proceedings between the parties. In brief, the applicant served a Rule 35(1) notice requiring discovery on oath; the deadline passed without delivery of a compliant discovery affidavit. Thereafter, an unsigned […]

Background The SCA, on 27 January 2026, delivered a judgment with significant and far-reaching implications for the insurance industry, particularly liability insurers. The matter pertained to a delictual claim for personal injuries suffered by the respondent after she fell from a moving safari truck during a Southern African tour operated by the applicant’s touring division. […]

Factual background: On 6 January 2026, the Pretoria High Court handed down a judgment in a case pertaining to insurance living annuity. The dispute concerned the proceeds of a living annuity policy taken out by the deceased, with competing beneficiary nominations advanced shortly before his death. The plaintiff (the widow) relied on a nomination signed […]

Factual background The Mpumalanga High Court has recently delivered a judgment on the critical considerations regarding withholding of pension benefits. While the judgment is not groundbreaking, it serves as a crucial reminder for the employers, pension funds, and other relevant stakeholders. The application arose from a dispute between a local municipality and its former Chief […]

Introduction: The recent Eastern Cape Division of the High Court judgment in N[…] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims, particularly where the claimant is a layperson with limited access to medical knowledge. The judgment further […]

On 4 November 2025, the Pretoria High Court delivered an important judgment on the nature and limits of the statutory framework governing the internal processes of the HPCSA. The judgment is significant for medical and healthcare professionals and, to an extent, for professional indemnity insurers and other stakeholders Summary of facts: The applicant, the medical […]

Background: This case involved an application for summary judgment by a credit provider. The dispute arose from an instalment sale agreement signed on 1 August 2023 to finance a motor vehicle. The first payment was due on 30 September 2023, and the last on 30 August 2029. The buyer never made any payments. The credit […]

The JHB High Court recently delivered a significant case pertaining to virtual commissioning. This case presented a significant legal question regarding the validity of affidavits commissioned virtually, particularly when the deponent is located outside the Republic of South Africa (RSA) and the Commissioner of Oaths is within the RSA. The central issue was whether such […]

Facts In 2022, the Plaintiff sought to invest in a Sharetea franchise in Alberta. The Defendant was the master franchisee for Sharetea in Alberta, operated and controlled by an individual. The Defendant provided the Plaintiff with promotional materials and revenue figures for existing Sharetea locations, leading to a Memorandum of Understanding (MOU) in September 2022. […]

Introduction In a widely shared judgment delivered on August 27, 2025, the Punjab and Haryana High Court, in India, addressed a critical yet often overlooked issue in the Indian healthcare system—doctors’ handwriting. Justice Jasgurpreet Singh Puri, while presiding over a bail hearing in a criminal case involving allegations of rape, cheating, and forgery, encountered a […]

A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies—particularly those involving firearms. Facts of the case: Two patrons of a Georgia-based lounge brought lawsuits after suffering injuries during a violent incident at the establishment. One patron was shot, while the other was trampled in the ensuing panic. […]

Introduction A recent judgment from the Mpumalanga Division of the High Court provides a critical interpretation of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA). It explores the limits of employer immunity under COIDA when tragic incidents occur in the course of employment—but not necessarily arising from it. Facts of the […]

Brief background The insured applied for a claims-made professional liability policy and answered “No” to a question asking whether it was aware of any circumstances that might result in a claim. Prior to the application, the insured had received multiple complaints from a customer regarding defective equipment and had internally acknowledged the issues. The insurer […]

Factual Background The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment in a dispute concerning the supply of liquid petroleum gas (LPG). The Plaintiff, a supplier of LPG, had provided the product to the First Defendant over several years. Following a breakdown in the business relationship, the Plaintiff instituted action to […]

Facts of the Case The plaintiff, an account manager, brought a claim against the first defendant (a veterinary clinic) and the second defendant (a veterinarian employed by the clinic) following injuries sustained by his dog, Triesie, during a surgical procedure to repair a torn cruciate ligament. The plaintiff had a strong emotional attachment to the […]

Brief Facts In a landmark case before the Gauteng Division of the High Court, the Financial Sector Conduct Authority (FSCA) sought to enforce an administrative penalty against several foreign individuals and a foreign partnership. The matter stemmed from the publication of a report that was widely distributed in South Africa, resulting in a dramatic drop […]

In a recent decision that underscores the enduring significance of full and accurate disclosure in insurance applications, the United States District Court for the Central District of California granted summary judgment in favour of an insurer seeking to rescind multiple liability policies on the basis of material misrepresentations. The case, Mt. Vernon Fire Insurance Company […]

Brief Facts of the Case The matter arose from a contractual dispute between a motor vehicle dealership (the Plaintiff) and a retired police officer (the Defendant). The Defendant entered into a written agreement to purchase a pre-owned vehicle from the Plaintiff, trading in his own vehicle as part of the transaction. The Defendant represented, both […]

Introduction The matter concerns a claim for damages arising from an incident in which the Plaintiff fell into an open manhole while walking along a pavement in Soweto. The Plaintiff, a resident of the area, was returning home from a shopping trip and chose to walk along Chris Hani Road to catch a taxi. While […]

Introduction The recent judgment in the matter between the National Credit Regulator (NCR) and the credit lender company (the respondent) marks a significant development in the regulation of credit insurance practices in South Africa. The case scrutinised the legality and fairness of bundled credit insurance products sold to vulnerable consumers, including pensioners and disabled persons, […]

Background and Facts Just over a year ago and leading to the national elections, on 15 May 2024, the President of South Africa assented to and signed the National Health Insurance (NHI) Bill into law, a move that was met with significant opposition from various stakeholders, including the Board of Healthcare Funders of Southern Africa […]

Facts and Issues In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants, who had bound themselves as sureties for a company that had defaulted on several loan and facility agreements. The company, for which the Defendants stood surety, […]

Introduction A recent judgment from the Supreme Court of Appeal has provided important clarification on the application of prescription in the context of misappropriation of funds within a close corporation. The case revolved around whether a debt owed to a close corporation had prescribed, particularly in circumstances where one member was alleged to have misappropriated […]

Introduction In legal proceedings, the joinder of a third party can be a critical aspect, especially in cases where multiple parties may share liability. This article delves into the intricacies of a recent judgement concerning the joinder of a third party in a slip and fall case. The focus is on the legal principles and […]

In a decision handed down by the Eastern Cape Division of the High Court in Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another, the Court affirmed that the in duplum rule applies equally to statutory interest owed under the Pension Funds Act (“PFA”). The judgment reinforces the principle that the accumulation of […]

Facts of the Case On 12 April 2021, the policyholder, Mr Mavela, was involved in a motor vehicle collision on the R26 road between Hobhouse and Wepener in the Free State Province. His Toyota Fortuner was damaged beyond economical repair. The policyholder, who was comprehensively insured by the insurer, filed a claim for compensation. The […]

Facts: On 10 February 2021, the Plaintiff was injured by a falling glass window while walking on the pavement in front of the Defendant’s premises, in Johannesburg. The glass window fell from the Defendant’s building, causing a significant cut on the Plaintiff’s left forearm, necessitating immediate medical treatment. The Plaintiff did not initially report the […]

South Africa has become a highly litigious country, as evidenced by the growing court rolls across the nation. This increase in litigation can be attributed to various factors, including greater public awareness of legal rights and recourse, the availability of litigation funders, and increased resources to pursue justice. In recent years, it has become common […]

Introduction In a recent court case, the Johannesburg High Court delivered a judgment on 8 January 2025 pertaining to disclaimers. The case revolved around a delictual claim for damages by the plaintiff who sustained injuries after slipping on a wet floor at the defendant’s premises. The court ultimately found in favour of the defendant, citing […]

7 March 2025 – Leading African law firm Adams & Adams is pleased to announce the appointment of Mtho Maphumulo to partner in its Insurance and Financial Sector Practice. Maphumulo’s appointment reflects the firm’s strategic focus on bolstering its dispute resolution capacity, specifically in the insurance and financial sectors. “Mtho’s commitment to learning and service […]

Introduction: The recent judgment in Neumann v Edelstein Farber Grobler Inc. has shed light on the intricate dynamics of commission entitlements and the responsibilities of employers in the real estate sector. This case, adjudicated in the High Court of South Africa, Gauteng Division, Pretoria, delves into the claim for damages by Mr. Neumann against his […]

Introduction:  On 31 January 2025, the Pretoria High Court delivered a judgement in a motor insurance case in which the insurer rejected the policyholder’s claim following the theft of their vehicle. According to the insurer’s rejection letter, the claim was denied because the policyholder failed to prove that, at the time of the theft, the […]

The devastating wildfires that have swept through Los Angeles and other parts of California have highlighted the growing risks associated with climate change. These fires, intensified by prolonged droughts and extreme heat, have led to billions of dollars in damages, forcing the insurance industry to adapt rapidly. While the direct impact of these fires is […]

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 […]

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. […]

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 […]

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 […]

Cybercrime remains rife, despite the efforts to combat it. In a recent court case, the court reaffirmed the legal position as to who bears responsibility for payment where a third-party accesses an email system, changes the banking details, and payment is made into an incorrect account. In brief, the facts of the matter under discussion […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

Development, growth, and advancement of artificial intelligence (AI) is progressing at a rapid speed. ChatGPT is one such chatbot that has taken the internet space by storm. There have been robust debates around the potential effects of ChatGPT across various tertiary institutions, different professional bodies, and various other institutions. There are also serious concerns about […]

It is not uncommon for people, investors and businesses to suffer financial losses as a result of sub-standard professional advice offered by Financial Service Providers (“FSP”), as defined in the Financial Services Advisory and Intermediary Act (“FAIS Act”). In some instances, a financial advisor is not duly qualified and/or adequately experienced. Sometimes, it has nothing […]

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 would have thought that all Covid-19 business interruption cases are long finalised. This is not the case. The judgment of late February 2023 in 43 Air School Holdings (Pty) (Ltd) & Others v AIG South Africa Ltd is one of many Covid-19 business interruption cases that are still ongoing. It is not unreasonable to […]

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 […]

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, […]

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 […]

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, […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 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 […]

The discussions surrounding the phenomenon of constitutional damages has been gaining momentum in the past few years.

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.