Actio communi dividundo: The judicial partition of co-owned property

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, […]

Commercial LitigationLitigationSimoné Engelbrecht

WHAT ARE THE CONSEQUENCES OF THE NEW ROAD ACCIDENT FUND AMENDMENT BILL 2023

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 […]

Commercial LitigationLitigationRaznae NarayanasamiRoad Accident Fund

MISSING TITANIC SUBMARINE BRINGS UP QUESTIONS OF PRESUMPTION OF DEATH AND NON-INDEMNITY INSURANCE POLICIES

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 […]

Commercial LitigationInsurance LawLitigationMtho Maphumulo

The Constitutionality Dilemma of Regulation 7 to the Road Accident Fund Act, As Amended

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 […]

Commercial LitigationLitigationRoad Accident Fund

The Tshela Health Care Case: Challenging the Notion of Immunity for Principals in Medical Malpractice Cases

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 […]

Commercial LitigationJean-Paul RuddLitigationMedical Malpractice

SHOULD RAF BE IMPOSING A REQUIREMENT ON FOREIGN NATIONALS TO PRODUCE STAMPED PASSPORTS AFTER FINALISATION OF THE MATTER?

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; […]

Commercial LitigationLitigationRoad Accident FundThembi Zondo

Does a duty to disclose to your insurer cease? If so, when?

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 […]

Commercial LitigationInsurance LawLitigationMtho Maphumulo

NON-DISCLOSURE: A CALL ON THE LEGISLATURE TO COME TO THE AID OF POLICYHOLDERS.

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 […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation

WHAT IS THE LEGAL POSITION REGARDING INSURANCE CLAIMS THAT TAKE LONG TO FINALISE?

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 […]

Commercial LitigationInsurance LawLitigationMtho Maphumulo

Policyholders who fail to perform regular maintenance risk their insurance claims being rejected Author JP Rudd

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 […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation