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Mtho Maphumulo

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Articles

Modernising the Commissioning of Oaths: The Draft 2026 Regulations

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By Mtho Maphumulo
| adams.africa
Introduction On 31 July 2026, the Department of Justice and Constitutional Development published for public comment the draft Regulations Governing the Administering of an Oath or Affirmation, 2026, issued in terms of section 10 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963).
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Litigation Privilege And Insurer-commissioned Expert Reports: A Recent Reaffirmation

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By Mtho Maphumulo
| Mondaq
Adams & Adams are most popular: within Transport, Consumer Protection and Technology topic(s) Introduction A recent High Court judgment has reaffirmed the protection afforded by litigation privilege to expert reports commissioned by insurers in the context of pending litigation. The case concerned an application to compel the disclosure of a preliminary report prepared by an agricultural loss adjuster, which had been commissioned by the respondent’s insurer to assess the merits of a counterclaim.
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Litigation privilege and insurer-commissioned expert reports: A recent reaffirmation

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By Mtho Maphumulo
| adams.africa
Introduction A recent High Court judgment has reaffirmed the protection afforded by litigation privilege to expert reports commissioned by insurers in the context of pending litigation. The case concerned an application to compel the disclosure of a preliminary report prepared by an agricultural loss adjuster, which had been commissioned by the respondent’s insurer to assess the merits of a counterclaim. The court dismissed the application, holding that the report was protected from disclosure.
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