https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:41:47 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 61fadc19-b6cd-4144-b460-ef83eafa7466 f2695ee7-9eea-4386-8c43-8b6597b37758 https://www.webberwentzel.com//News/Pages/When-silence-speaks-Evidentiary-burdens-and-the-limits-of-res-ipsa-loquitur-in-medical-negligence-claims-.aspx In the recent Supreme Court of Appeal judgment in MEC for Health of the Gauteng Provincial Government v CBM (1482/2024) [2026] ZASCA 80 (28 May 2026), the court was required to determine whether the medical staff of a public hospital had been negligent in their treatment of a patient who suffered a severe post-partum haemorrhage (PPH) during a caesarean section, ultimately necessitating a total abdominal hysterectomy. 2026-07-16T22:00:00Z a5e352d7-bd95-4a7b-bcd2-c225a289efba https://www.webberwentzel.com//News/Pages/ai-rest-my-case-ai-and-the-future-of-online-dispute-resolution.aspx The promise of Online Dispute Resolution (ODR), powered by artificial intelligence, is compelling: faster resolution, lower cost, greater consistency, and a process that scales. But before any corporate legal team rests its case in favour of AI-enabled ODR, it is worth understanding exactly what it is, where it works, and where it can go wrong.  2026-07-13T22:00:00Z a5e52c20-a528-467a-a913-153fc57aa413 https://www.webberwentzel.com//News/Pages/delictual-exposure-in-road-maintenance-failures--.aspx Driving on South African roads often feels like a constant game of dodging potholes. When that game turns catastrophic, the question that arises is who bears the duty of reasonable steps to prevent such harm? 2026-06-24T22:00:00Z 861b2fd7-e24d-4e93-9eb0-daa755dc3607 https://www.webberwentzel.com//News/Pages/the-scas-analysis-of-causation-in-suicide.aspx In a recent judgment handed down on 21 May 2026, the Supreme Court of Appeal (SCA) considered whether the Road Accident Fund (RAF) may be held liable for a dependant's loss of support claim where a deceased person, having suffered injuries in a motor vehicle accident, subsequently commits suicide. 2026-06-23T22:00:00Z dbf0714b-99da-4be9-9a45-bdd174200333 https://www.webberwentzel.com//News/Pages/non-disclosure-as-fraudulent-misrepresentation-in-contract-negotiations.aspx Silence is often perceived as harmless, but in the realm of contractual negotiations it can be as misleading and damaging as an outright lie. 2026-06-18T22:00:00Z 5ca08e7b-8673-45b4-8263-19715a55ba01 https://www.webberwentzel.com//News/Pages/confidential-medical-records-and-the-class-action-lessons-from-the-listeriosis-litigation.aspx The recent judgment in Ngobeni and Others v National Health Laboratory Service and Others, arising from the ongoing listeriosis class action against Tiger Brands, provides important guidance on the disclosure of confidential medical information and the interplay between privacy rights and access to justice. 2026-06-04T22:00:00Z 3ec0e9f2-7a94-4d03-86be-82f876bf1151 https://www.webberwentzel.com//News/Pages/when-ai-rejects-insurance-claims.aspx Artificial intelligence (AI) is no longer a distant prospect for the insurance industry, it is already embedded in operations, making decisions, and generating litigation. Insurers globally are integrating AI tools into their claims processes, promising faster determinations, improved efficiency, and greater consistency. 2026-05-14T22:00:00Z a8f908ea-3315-43b9-aac7-af4fc31b459b https://www.webberwentzel.com//News/Pages/the-cost-of-a-lapsed-mandate-professional-negligence-and-under-settlement.aspx Attorneys are creatures of instructions. As such, they are required to obtain the instructions of their clients in discharging their functions and may not act outside the scope of those instructions. This issue was recently considered in the matter of Molefinyana Molisaesi v Selwyn Brian Drobis Jacobs and Another (Case No: 35459/2018) ZAGPPHC (7 April 2026). 2026-05-03T22:00:00Z 39aef171-ba8d-4112-9c3e-6b75ad4b89c8 https://www.webberwentzel.com//News/Pages/when-does-prescription-begin-to-run.aspx In terms of section 12(1) of the Prescription Act, 1969 (the Act), prescription begins to run as soon as the debt is due. Section 12(3) of the Act provides that a debt is not deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises, provided that a creditor is deemed to have such knowledge if it could have acquired by exercising reasonable care. 2026-05-03T22:00:00Z 0ad295df-76c4-4d2f-987d-b4a803c27cec https://www.webberwentzel.com//News/Pages/the-disclosure-of-medical-records-in-litigation.aspx Medical records are one of the most important pieces of evidence in personal injury claims. Where a patient who is usually a plaintiff in such claims consents to the disclosure of their records, no controversy arises. 2026-04-19T22:00:00Z ee0cd966-e66b-4dc9-8c06-2d18c381134a https://www.webberwentzel.com//News/Pages/the-cost-of-ignoring-fetal-distress.aspx In the recent judgment LPM obo LM v MEC for Health: North West Provincial Government (2058/2019) [2026] ZANWHC 92 (31 March 2026), the High Court dealt with a medical negligence claim arising from injuries sustained during childbirth at Klerksdorp Hospital. 2026-04-14T22:00:00Z 81db3499-9ac7-4251-ab23-3f2aebb46877 https://www.webberwentzel.com//News/Pages/death-by-drowning-and-the-limits-of-school-negligence.aspx On 13 October 2014, two Grade 12 learners drowned while attending a matric revision camp organised by Luhlasa High School at a Rotary campsite in Strandfontein. 2026-04-12T22:00:00Z 7f390bba-ddb0-47bb-bb24-a16475760c05 https://www.webberwentzel.com//News/Pages/ai-and-insurance-risk-or-opportunity.aspx Picture a rainy Wednesday morning in Sandton, sometime in the near future. A claims handler opens their laptop, and right away, things move much faster than they used to. For every new email, the company's artificial intelligence system (AI) has already drafted a suggested reply. 2026-04-06T22:00:00Z 6ae385bb-0782-410f-8196-62a7409c89c4 https://www.webberwentzel.com//News/Pages/construction-guarantees-as-non-life-insurance-substance-over-form.aspx Construction guarantees, whether styled as performance bonds, on-demand guarantees, or otherwise, have long occupied an uncertain regulatory space in South Africa. 2026-03-24T22:00:00Z a224c7f1-a0d1-439e-8428-0027b994b678 https://www.webberwentzel.com//News/Pages/geopolitical-conflict-and-the-global-insurance-market-lessons-for-south-african-insurers-and-reinsurers.aspx The global insurance market has entered a period of unprecedented complexity. Geopolitical conflict, once regarded as a peripheral risk confined to specialist underwriters and political risk markets, has migrated to the centre of mainstream insurance concerns. 2026-03-18T22:00:00Z 6c834c8b-abc5-4bcd-8af0-e600875676fa https://www.webberwentzel.com//News/Pages/claims-made-policies-and-notification-obligations-a-costly-lesson-on-timing.aspx Insurance brokers occupy a position of considerable trust. They are the intermediaries upon whom clients rely to secure appropriate cover, and upon whom insurers rely for accurate and timely disclosure. 2026-03-15T22:00:00Z efd52df9-8130-447b-ae54-9d66ba4495c3 https://www.webberwentzel.com//News/Pages/the-proof-is-in-the-pudding-evidence-in-future-loss-of-earnings-claims.aspx In Moloi v Road Accident Fund (333/2024) [2026] ZASCA 13, the Supreme Court of Appeal dismissed an application for special leave to appeal in a claim for future loss of earnings against the Road Accident Fund. 2026-02-11T22:00:00Z 47e9f6ad-1dfb-48b3-8522-ff67d17e3fae https://www.webberwentzel.com//News/Pages/performance-may-be-delegated-responsibility-not-lessons-for-retailers.aspx In a recent case, the Supreme Court of Appeal (SCA) has reinforced that owners of premises who invite patrons onto their property (like retailers) cannot passively rely on independent contractors to discharge their duty of care but must actively supervise contractors and maintain their own independent safety systems to ensure patron safety. 2026-02-08T22:00:00Z fd8ed252-8f7b-4202-a730-e4c675b4054e https://www.webberwentzel.com//News/Pages/shop-owner-liable-for-slip-and-fall-on-wet-ramp.aspx The recent judgment in Bedir v Westdene Fruiterers provides valuable guidance on the extent of shopkeepers' duty of care towards customers and the obligations retail premises owners owe to patrons. It also serves as a reminder to customers to take extra care in rainy conditions, when surfaces are likely to be wet and slippery. 2026-02-03T22:00:00Z 1b371d08-dfcc-4b91-8057-84866992081e https://www.webberwentzel.com//News/Pages/subrogation-is-not-a-seat-at-the-table-why-discovery-must-be-sworn-by-the-litigant-of-record.aspx Subrogation does not convert an insurer into a litigant of record, nor does it entitle the insurer to act in the name of the insured without compliance with procedural requirements. 2026-01-29T22:00:00Z e7c79f07-aec6-4272-9e30-02c406030710 https://www.webberwentzel.com//News/Pages/raf-cannot-benefit-from-its-own-delay-special-plea-dismissed.aspx Our courts continue to provide guidance on the application of prescription where the Road Accident Fund (RAF) assumes responsibility for a claimant’s matter, particularly in circumstances where a claimant lodges a claim directly with the RAF without the assistance of an independent attorney. 2026-01-29T22:00:00Z 9d0312e2-8607-4810-9757-afab218cc371 https://www.webberwentzel.com//News/Pages/building-trust-and-resilience-how-insurers-can-anchor-consumers-in-a-changing-risk-landscape.aspx The South African insurance industry has demonstrated remarkable resilience over the past few years, despite a challenging economy and a changing risk landscape. The frequency and severity of climate- and weather-related events place increasing pressure on underwriting, claims and reinsurance costs. 2026-01-28T22:00:00Z bcec0b9c-63f9-4665-a1af-470c4aa69257 https://www.webberwentzel.com//News/Pages/court-finds-road-authority-mostly-liable-for-pothole-crash.aspx South African courts are increasingly holding road authorities liable for substantial damages arising from serious accidents caused by poor road maintenance. In some cases, however, courts will attribute contributory negligence to drivers, particularly where they were aware of the condition of the road on which they were travelling. 2026-01-27T22:00:00Z 37f799a3-3e69-4231-b9a8-ddcf2f07312f https://www.webberwentzel.com//News/Pages/too-late-to-litigate-prescription-extinguishes-the-claim.aspx Our courts are often called upon to decide whether legal action has been instituted timeously. The issue arose again in Mafuyeka v Minister of Health and Others (2133/2022) [2025] ZAMPMBHC (10 December 2025, where the High Court delivered judgment on special pleas raised by the defendants, including a special plea of prescription. 2026-01-21T22:00:00Z e0eca51e-1a1a-4866-9149-fdd6e479bb1a https://www.webberwentzel.com//News/Pages/high-court-rejects-technical-bar-to-medical-negligence-claim.aspx In a recent judgment of the Limpopo Division of the High Court, the court dismissed the defendant's reliance on a special plea of non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act). The defendant was a Member of the Executive Council for Health in Limpopo (the MEC). 2026-01-20T22:00:00Z aa21e77d-0f61-4727-99f8-99db65c9f0b2 https://www.webberwentzel.com//News/Pages/no-wet-floor-no-liability.aspx To succeed in a delictual claim, a plaintiff is required to prove all the elements of delict. In the recent case of Gailis v Woolworths (Pty) Ltd and Another (Case No 11651/2022) (Western Cape Division, Cape Town, 11 December 2025), the High Court was required to determine whether the plaintiff, who sustained injuries in a fall at the Constantia Village Woolworths store on 11 April 2021, had established liability on the part of the defendants. 2026-01-20T22:00:00Z d27a4f8a-c0ec-4dd0-922d-3c29e9e98780 https://www.webberwentzel.com//News/Pages/coida-and-the-going-home-injury-high-court-confirms-a-generous-work-related-connection-test.aspx In Sophia Bent v Rand Mutual Assurance (Pty) Ltd, the High Court (Gauteng Division, Pretoria) overturned a tribunal decision that refused compensation for an injury sustained by an employee while leaving her workplace. 2026-01-13T22:00:00Z 253e17bf-ccca-411e-a7b2-0e0487075070 https://www.webberwentzel.com//News/Pages/the-case-for-inclusive-road-maintenance-in-johannesburg.aspx How we access our homes, places of work, friends, family, hospitals and other critical services in Johannesburg depends, in one way or another, on the municipality's road infrastructure. 2025-12-16T22:00:00Z 744e57de-0193-4427-917c-d09cc2bb12b9 https://www.webberwentzel.com//News/Pages/court-holds-attorneys-liable-for-prescription-of-clients-claim.aspx In Stratton Oakmont (Pty) Ltd v Oosthuizen Du Plooy Attorneys (2002/2019) [2025] ZANWHC 255 (2 December 2025), the High Court reaffirmed the professional obligations of attorneys and the consequences of an attorney's conduct that results in the prescription of a client’s claim. 2025-12-09T22:00:00Z b7ef8554-66bd-4901-b8ba-d69b7d746a53 https://www.webberwentzel.com//News/Pages/knowledge-of-legal-conclusions-is-not-required-for-prescription.aspx The recent judgment in Stanguous Mzonzima Mncwabe v SS Nqayi Attorneys, highlights important principles regarding prescription and the responsibilities of attorneys when handling their clients' claims. 2025-11-30T22:00:00Z 421b7155-d315-415b-b62a-4b4c1797be10 https://www.webberwentzel.com//News/Pages/does-the-raf-attract-liability-for-an-intentional-collision.aspx The question of whether the Road Accident Fund (RAF) attracts liability for an intentional collision was recently considered by the Gauteng Division of the High Court in the matter of Mashengani v Road Accident Fund (Case No. 15034/2020) [2025] ZAGPPHC. 2025-11-30T22:00:00Z 4ca67433-9b9e-45b1-84c4-fdcda63bd73e https://www.webberwentzel.com//News/Pages/whose-job-is-it-anyway-allocation-of-risk-in-slip-and-fall-claims.aspx December is around the corner, and malls and shopping centres will be bustling with festive shoppers, creating a lively yet crowded environment. With the surge in foot traffic, extended trading hours, and seasonal decorations, the risk of slips and fall increases significantly. 2025-11-26T22:00:00Z 35b641a7-9332-414b-a64a-d22a172a3ff4 https://www.webberwentzel.com//News/Pages/joint-liability-for-a-fall-through-the-warehouse-roof-due-to-safety-failures.aspx In a recent decision by the Western Cape Division of the High Court in Albertino Lorenzo Bennet v Prima Toys and Leisure Trading (Pty) Ltd and Focus Asbestos Removal Services CC (4420/2017) ZAWCHC 515 (7 November 2025), the court reaffirmed that a principal is not vicariously liable for the conduct of an independent contractor. The principal would only be held liable where it was also personally negligent. 2025-11-24T22:00:00Z b5c0ca5a-21fb-4bd3-ba27-09b7ee51f814 https://www.webberwentzel.com//News/Pages/the-courts-approach-to-withdrawal-of-admissions-and-compromise.aspx In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the legal principles governing the withdrawal of admissions in pleadings and the setting aside of compromise agreements. 2025-11-20T22:00:00Z 599c4e14-54db-4809-b5d0-3de445bfc8ba https://www.webberwentzel.com//News/Pages/high-court-finds-municipality-liable-for-injuries-caused-by-uncovered-manhole.aspx The legal duty of a Municipality in injuries arising from the public's use of public infrastructure has been a subject of constant debate in our courts. 2025-11-16T22:00:00Z aa240e69-75ac-4a8b-a7b1-16e79d75210f https://www.webberwentzel.com//News/Pages/casting-caution-to-calderbank.aspx The Supreme Court of Appeal (SCA) handed down its judgment on 16 October 2025 in the case of Itokolle-Clinix Private Hospital (Pty) Ltd v MNT obo DORM (863/2024) [2025] ZASCA 153. This judgment should serve as a caution for defendants when faced with a Calderbank offer. 2025-11-05T22:00:00Z 4f89bb14-6c47-4369-a02f-2b5d347afcf2 https://www.webberwentzel.com//News/Pages/uk-court-of-appeal-on-understanding-policy-intent-through-pre-contractual-documents.aspx A recent decision by the UK Court of Appeal (Civil Division) offers valuable insights into the role of the disclosure of pre-contractual documents and communications in interpreting insurance policies. 2025-07-07T22:00:00Z 6525ef35-355f-408f-9eea-b83cce3e5ed5 https://www.webberwentzel.com//News/Pages/how-the-western-cape-high-court-got-subrogation-wrong.aspx In June 2025, the Western Cape Court handed down a judgment on subrogation that changes established legal principles and settled practice. The Court held that an insurer exercising its subrogation rights must specifically disclose and plead subrogation and be cited as a party to any civil proceedings. 2025-06-30T22:00:00Z e90fd22c-2b14-41cf-a7f1-89f28f78a8c8 https://www.webberwentzel.com//News/Pages/knoetze-v-botes-developers-cant-hide-behind-exemption-clauses.aspx In Knoetze v Botes, the High Court clarified the limits of exemption clauses in property sale agreements, commonly referred to as voetstoots clauses, particularly where the seller is also the developer and fails to disclose a latent defect. 2025-06-11T22:00:00Z cf7f19d4-8bef-4770-82ea-968c00a888f8 https://www.webberwentzel.com//News/Pages/mind-the-gap-municipal-liability-and-the-hidden-dangers-beneath-our-feet.aspx A recent High Court judgment (Yende v City of Johannesburg Metropolitan Municipality and Another) offers important insights into the evolving jurisprudence on municipal liability for injuries caused by defective public infrastructure. 2025-05-18T22:00:00Z efcb9b90-ace5-4d52-b35f-f4b67143386d https://www.webberwentzel.com//News/Pages/caution-to-motorists-the-case-of-simayile-sigijimi-v-road-accident-fund.aspx The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi v Road Accident Fund, highlighting key issues of negligence and liability in pedestrian-related road accident claims. 2025-05-18T22:00:00Z 23455ebf-a98b-4ec4-84f8-64cb54f52495 https://www.webberwentzel.com//News/Pages/d%C3%A9j%C3%A0-vu-moss-v-road-accident-fund.aspx The recent judgment in Moss v Road Accident Fund, handed down by the Western Cape High Court, has reignited debate regarding the Road Accident Fund's (RAF's) liability to compensate accident victims for past medical expenses already covered by their medical aid. 2025-05-07T22:00:00Z df7703d4-973b-482f-9b7e-2343e5e08566 https://www.webberwentzel.com//News/Pages/honesty-is-the-best-and-paramount-to-your-policy-mavela-v-outsurance.aspx In the recent case of Mavela v Outsurance Insurance Company Limited, the High Court (Free State Division, Bloemfontein) considered an insurer's right to reject a claim where the insured misrepresented facts and/or failed to provide accurate and complete information. 2025-05-04T22:00:00Z fe29c313-b7ed-4ed8-b98f-808e8e425d81 https://www.webberwentzel.com//News/Pages/liability-on-the-move-what-the-sca-says-about-runner-spectator-accidents.aspx Running is a popular sport, whether for health, social engagement, or community awareness. But what happens when a runner collides with a spectator? This question was considered by the Supreme Court of Appeal (SCA) in the recent judgment of Kalmer v Davids NO (in her capacity as Executor in the Estate: Late Yasmin Salie) and Another. 2025-04-02T22:00:00Z eca98738-b028-4254-a3f7-847577f1dc76 https://www.webberwentzel.com//News/Pages/did-you-provide-accurate-information-to-your-insurer.aspx The recent judgment in Viantha Naidoo v Discovery Limited and Another highlights the potential consequences of misrepresenting facts to insurers, particularly the negative impact on coverage when a claim under the relevant insurance policy is later lodged. 2025-03-19T22:00:00Z 4e8e7c31-3892-4346-a298-2f5062ca0d18 https://www.webberwentzel.com//News/Pages/whos-to-blame-court-finds-claimant-partially-liable-for-own-injuries.aspx In a recent judgment that highlights the importance of maintaining safe premises for public use and the need for individuals to exercise reasonable care for their own safety, the court in Stephens vs Minister of Police found the plaintiff partially liable for injuries sustained by him when he fell at a police station. 2025-03-17T22:00:00Z 7df12965-3563-4c26-a515-42605366eddf https://www.webberwentzel.com//News/Pages/expropriation-without-compensation-implications-for-the-insurance-industry.aspx The Expropriation Act 13 of 2024 (the Act), which has been promulgated to give effect to the Property clause in the Constitution of the Republic of South Africa, 1996 has drawn mixed reactions both locally and abroad. 2025-03-02T22:00:00Z d6f39990-3976-463b-9d5e-f74e7283f954 https://www.webberwentzel.com//News/Pages/whose-line-is-it-anyway-raf-v-medical-aid.aspx The recent judgment of Rahldeyah Esack v the Road Accident Fund, handed down by the Western Cape High Court, has contributed to the ongoing legal debate regarding the Road Accident Fund's (RAF's) liability to compensate accident victims already covered by their medical aid. 2025-02-24T22:00:00Z 0e7c6178-3764-4280-9c38-adc7a63a47e6 https://www.webberwentzel.com//News/Pages/webber-wentzel-celebrates-its-chambers-global-2025-rankings.aspx ​​​Webber Wentzel has once again affirmed its position as a leading law firm in South Africa with outstanding results in the Chambers Global 2025 rankings. The firm has secured 15 Band 1 category rankings, maintaining its status as the top-ranked Band 1 firm in the country. 2025-02-13T22:00:00Z a199fc8f-bc7b-4b1e-9127-445ca4fb52b6 https://www.webberwentzel.com//News/Pages/mitigating-business-risk-and-ensuring-business-continuity-during-election-season.aspx The upcoming election in South Africa may pose a risk to the operation of businesses throughout the country. As seen in recent years, elevated political tensions can very quickly escalate into civil unrest. This may result in rioting, looting, arson and other violent acts, which could force businesses to close, lose sales or suffer property damage. Webber Wentzel experts delve into two key areas for businesses, particularly those in the retail sector, to fortify during this period: insurance claims and employment considerations. 2024-05-12T22:00:00Z c442daad-b133-4ca9-bb59-068efb98c373 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-provides-clarity-on-claims-against-directors-for-s22-1-reckless-trading.aspx In its recent judgment of Venator Africa (Pty) Ltd v Watts and Another, the Supreme Court of Appeal (SCA) confirmed that section 218(2) of the Companies Act, 2008 does not give rise to a specific cause of action against a director of a company in circumstances where that company is accused of carrying on its business in contravention of section 22(1) of the Companies Act. This is a development which is of significant interest to companies, directors and indeed insurers who provide Directors & Officers cover. 2024-04-28T22:00:00Z a3e1fdeb-c7e3-4dad-8af9-7261f49f5252 https://www.webberwentzel.com//News/Pages/navigating-the-complexities-of-claims-and-procedure.aspx In a recent case of MM obo GM v the North West Province's Department of Health MEC, (782/2022) [2024] ZASCA 52, an appellant's claim for certain damages was struck from the roll by the Supreme Court of Appeal and her claim for personal damages was remitted to the trial court for determination. 2024-04-23T22:00:00Z d2cc6e62-510e-41c8-b677-dfbe91e89659 https://www.webberwentzel.com//News/Pages/separated-issues-and-stated-cases-in-litigation-the-risks-of-carelessly-defined-issues.aspx In the MEC for Health, Gauteng v de Lange (298/2023) [2024] ZASCA 38 (03 April 2024) case, the respondent's husband was admitted to Steve Biko Academic Hospital after sustaining a head injury during a rugby match. Despite medical treatment, he unfortunately passed away. 2024-04-16T22:00:00Z d2cca867-830c-4b78-ae2f-90c7fc0f3125 https://www.webberwentzel.com//News/Pages/in-sickness-and-in-war-insurance-coverage-for-global-events.aspx Events such as the Covid pandemic and rising levels of cybercrime are encouraging insurers to revisit their policy wording to exclude certain events. 2023-10-17T22:00:00Z 1f2a991a-1077-4d26-8884-f647ae55b572 https://www.webberwentzel.com//News/Pages/national-health-insurance-bill-will-it-wipe-out-medical-insurance.aspx The NHI Bill does not contain any clarity on how South Africa’s large and complex medical schemes and insurance industry will be affected. 2023-10-02T22:00:00Z 2644c015-5b02-4af3-8731-fec8a9a6cb7b https://www.webberwentzel.com//News/Pages/fsca-publishes-draft-position-paper-on-open-finance.aspx The FSCA has published for comment a Draft Position Paper setting out its policy and proposed approach towards regulating the Open Finance sector. 2023-07-16T22:00:00Z 90d2e49a-937d-4e6f-982f-ca8ff8c9be23 https://www.webberwentzel.com//News/Pages/insurance-informer-exemption-from-liability-for-theft-by-own-employee.aspx Exemption clauses exempt a contracting party from liability in certain circumstances. The enforceability of these clauses, especially in light of the Constitution, has long been a difficult topic, raising interesting debates. 2023-07-06T22:00:00Z c42580f6-2739-4dfd-8a76-270689867908 https://www.webberwentzel.com//News/Pages/webber-wentzel-embraces-generative-ai-as-part-of-its-ongoing-innovation-journey.aspx Webber Wentzel is taking the lead on responsible Artificial Intelligence (AI) investment within the African legal landscape as part of its continued commitment to deliver an exceptional client experience and foster an open, creative, and entrepreneurial culture. 2023-06-22T22:00:00Z e600134b-b1a9-4c47-bb86-2fcb84d6c348 https://www.webberwentzel.com//News/Pages/the-costs-and-consequences-of-insurance-fraud.aspx In 2001, the House of Lords stated that "there seems to be a widespread belief that insurance companies are fair game, and that defrauding them is not morally reprehensible". This has never rung truer than in times of financial turbulence. 2023-06-14T22:00:00Z f5e4c435-b46a-411a-9fd9-d7cec97e1d9e https://www.webberwentzel.com//News/Pages/insurance-informer-mauritian-supreme-court-awards-unprecedented-damages-in-a-road-accident-claim.aspx In the Judgment of Moollan I. v Mosaheb M. & Ors 2023 SCJ 34, the Mauritian Supreme Court awarded more than MUR 200 million to Mr Moollan (the claimant), who was involved in a road accident over 19 years ago. 2023-06-05T22:00:00Z ca43be51-f08a-4f7c-b7a4-9fa3d1203eb2 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-strikes-out-the-mandatory-audit-firm-rotation-rule.aspx In a significant judgment for the auditing profession, the Supreme Court of Appeal has ruled that the Independent Regulatory Board for Auditors did not have the power to mandate audit firm rotation 2023-05-30T22:00:00Z c22c6d93-422d-4890-8b5c-d13368a6c0b3 https://www.webberwentzel.com//News/Pages/insurance-informer-business-email-compromise-and-contractual-obligations.aspx In the recent case of Gerber, the High Court found that the defendant was liable for the losses suffered by the plaintiff when hackers deceived the defendant into making various payments from the plaintiff's account. 2023-04-17T22:00:00Z 05c53fb3-d4db-4532-95e4-8c48072adcda https://www.webberwentzel.com//News/Pages/insurance-informer-causation-a-time-test.aspx In the recent case of Louw v Patel, the Supreme Court of Appeal (SCA) dismissed an appeal lodged by the appellant against the full court's decision to grant the respondent damages as a result of alleged medical negligence. 2023-04-12T22:00:00Z 98ea38fb-60ea-4718-8205-271d8bfb0615 https://www.webberwentzel.com//News/Pages/webber-wentzel-exceptional-insurance-expertise-receives-chambers-global-band-1-ranking.aspx Chambers Global 2023 Band 1 ranking positions Webber Wentzel's insurance team as a leader in the South African insurance practice group. 2023-04-04T22:00:00Z ece61d9a-62fe-42c2-b132-e8780969a3c7 https://www.webberwentzel.com//News/Pages/the-year-2022-in-review-some-notable-insurance-cases.aspx In the past year the insurance industry has faced many challenges. These include loadshedding, more extreme weather claims, an increase in vehicle theft and motor accidents, 2023-03-22T22:00:00Z fe7e7a1b-c12c-4aa0-8f34-675ca049ddf9 https://www.webberwentzel.com//News/Pages/insurance-informer-vicarious-liability-independent-contractors.aspx A recent medical case argued in the Supreme Court of Appeals reviewed the common law on whether a principal can be held vicariously liable for the actions of an independent contractor. 2023-03-15T22:00:00Z c4f5a6ef-f537-427e-b4d0-ae256dad976c https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF 2023-02-23T22:00:00Z 17265213-e0d9-47c6-b10f-41cef1d8693a https://www.webberwentzel.com//News/Pages/insurance-informer-the-common-law-on-claims-against-public-health-institutions-takes-a-step-forward.aspx The Eastern Cape division of the High Court has developed the common law to allow courts to apply broader remedies in claims for negligence against public healthcare providers and institutions. 2023-02-19T22:00:00Z 6d021083-265a-4c29-84a9-cac51878a148 https://www.webberwentzel.com//News/Pages/insurance-informer-slip-and-trip-rainy-days-part-2-of-2.aspx In Cenprop Real Estate (Pty) Ltd v Holtzhauzen [2022] ZASCA 183 (19 December 2022), the SCA held an owner of a shopping mall and the entity controlling the mall liable for failing to take reasonable steps to prevent a slip and trip that occurred on a rainy day. 2023-02-13T22:00:00Z 29fbd118-01db-467a-8c7e-5fcf615fe946 https://www.webberwentzel.com//News/Pages/insurance-informer-slip-and-trip-part-1-of-2-dangerous-situation.aspx In the recent case of Davidtz v Klimax Manufacturing (Pty) Ltd (25112/2019) [2022] ZAGPPHC 904 (22 Nov'22), the High Court reaffirmed that a legal duty rests on companies to prevent the damage from materialising. 2023-01-16T22:00:00Z 26507983-ba6a-4258-aaf8-a98c0519c26a https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z 8b32f5e0-99fa-40d6-b6d8-444f6523532b https://www.webberwentzel.com//News/Pages/insurance-informer-time-bar.aspx In a recent case, the full bench of the Gauteng Division of the High Court, Johannesburg, reaffirmed the enforceability of time-barring clauses in insurance contracts 2022-12-13T22:00:00Z b6c1b30f-e173-4b5c-b876-a7d95e9cf1c0 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-for-african-law-firm-of-the-year.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards. 2022-10-23T22:00:00Z cca203c7-2350-4e09-bcd7-ce6e622170c5 https://www.webberwentzel.com//News/Pages/insurance-informer-vicarious-liability-broad-job-descriptions.aspx The recent judgment of LM and Others v The Mnquma Local Municipality is an example of how a broad job description may expose an employer to vicarious liability. 2022-10-12T22:00:00Z ff6e911b-961c-476c-b38e-ec6fe9ac4787 https://www.webberwentzel.com//News/Pages/prescription-specialised-knowledge-of-damage.aspx In a recent judgment (Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government ), 2022-10-03T22:00:00Z e6e9457a-7af9-4624-b4a5-11004381935a https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-m-and-a-team-of-the-year.aspx Webber Wentzel won the African Legal Awards M&A Team of the Year for advising on the joint venture between Sanlam Limited, its subsidiaries, and Allianz BV, a subsidiary of Allianz SE. 2022-09-25T22:00:00Z 33021f70-cd00-4f3d-ac77-19a61270913a https://www.webberwentzel.com//News/Pages/regulators-take-steps-to-encourage-esg-in-the-financial-services-industry.aspx The FSCA is taking a number of steps, beyond introducing amendments to Regulation 28, to encourage pension funds to invest in green and other ESG investments. 2022-09-11T22:00:00Z ea5b5254-eb6f-4834-8243-2c7001e7373a https://www.webberwentzel.com//News/Pages/esg-disclosure-framework-in-the-pipeline-for-south-african-financial-services-companies.aspx The South African Reserve Bank will shortly issue a draft sketching an ESG disclosure framework for the financial services organisations that it supervises. 2022-09-11T22:00:00Z 7bfc3fa8-808b-4558-8941-c2925ad53bf3 https://www.webberwentzel.com//News/Pages/redressing-mine-closure-liability-through-the-esg-lens-emerging-esg-risks.aspx Mining companies are under increased pressure from regulators, investors and communities to manage social and environmental risks arising from mine closure and rehabilitation. 2022-07-13T22:00:00Z 3827451f-59c6-4f65-9a8c-36644aa8acf8 https://www.webberwentzel.com//News/Pages/insurance-informer-contempt-of-court-against-directors.aspx In a recent case, the SCA re-stated the circumstances under which directors of an entity may be held in contempt of court for actions taken by the entity. 2022-04-27T22:00:00Z 7eaed0cf-7325-4ed4-8a76-8114cfbf389f https://www.webberwentzel.com//News/Pages/insurance-informer-prescription-and-joinder-applications-update.aspx The Webber Wentzel insurance team provides clients with regular updates on new developments in insurance law in South Africa. This update unpacks a recent medical malpractice case. 2022-03-22T22:00:00Z 4722d94b-b10e-405e-a286-cf9cfb1ea2a9 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 9e5235ac-21d5-4d51-ac2c-af1ccf11e702 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z 3846881e-65ba-4fe2-b492-ed2674389b5d https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z 0bf2e14e-365d-435c-92ff-8e3e1b34010b https://www.webberwentzel.com//News/Pages/the-insurance-odyssey-2021-digi-brochure.aspx Webber Wentzel recently partnered with our alliance and relationship firms to prepare a new insurance focused insight series titled "the Insurance Odyssey 2021". 2021-11-07T22:00:00Z 392429a2-07a3-43e1-8bc4-49634d65dc98 https://www.webberwentzel.com//News/Pages/sa-riots-limitations-on-insurance-claims.aspx Businesses seeking to recover losses from the widespread damage caused by recent riots and looting recently need to act promptly in filing claims to SASRIA 2021-07-14T22:00:00Z b8663b58-3143-415f-b67b-4d82897cdf20 https://www.webberwentzel.com//News/Pages/the-complexities-of-group-governance.aspx The Insurance Act provides a useful framework for governance of increasingly complex and multi-product financial services groups 2021-04-29T22:00:00Z 73d5fca6-7c19-47f1-8dd2-fdb2f731c010 https://www.webberwentzel.com//News/Pages/webber-wentzel-contributes-to-the-chambers-and-partners-2021-insurance-and-reinsurance-guide.aspx Webber Wentzel has contributed the South African section of the Chambers and Partners 2021 Insurance & Reinsurance guide covering 25 jurisdictions. 2021-02-08T22:00:00Z 00796acd-de55-483a-b607-18d2dca3bd76 https://www.webberwentzel.com//News/Pages/the-insurance-odyssey-2020-brochure.aspx This publication called 2020: An Insurance Odyssey, is a whirlwind tour of 20 judgments handed down by our Courts over the last 20 years or so, in which certain basic and some rather complicated principles of Insurance Law have been set out and developed. 2020-10-26T22:00:00Z a79c4ea4-3246-4866-a9bd-6ae186c2c8c1 https://www.webberwentzel.com//News/Pages/interpretation-of-insurance-policies-the-importance-of-clarity.aspx We are presently seeing a growing number of court actions being brought by disgruntled insureds against their insurers due to unhappiness with how their pandemic-related claims were assessed. 2020-08-25T22:00:00Z b4e42a11-7a64-486e-84c6-b1258b7f3ed2 https://www.webberwentzel.com//News/Pages/interpretation-of-insurance-policies-importance-of-clarity.aspx At a time of disputes over whether insurers will pay claims arising from the Covid-19 pandemic, a recent court judgment highlights the importance of defining events excluded from insurance policies. 2020-07-20T22:00:00Z 03d89846-02ea-46b0-804b-7f245b736f7a https://www.webberwentzel.com//News/Pages/covid-19-and-business-interruption-are-you-covered.aspx The out-break of Covid-19, which originated in China and has since spread to most of the world, is one of the most serious threats to public health in recent times. 2020-03-16T22:00:00Z