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Articles by Paulette Khumalo
Legal consequences of noting a third party’s interest on a policy of insurance
The theory behind the noting of an interest on non-life policies is that, without suitable insurance cover, a third party’s property in the hands or possession of the insured would be considered a risk to a financier, which is the owner of the insured property or any other person who has a financial interest in the property.
Remote Commissioning of affidavits post covid is not condoned by the High Court unless exceptional circumstances exist
In a July 2023 Judgment, the High Court considered whether a commissioner of oaths is able to commission a document where a deponent is not physically present at commissioning. The court was required to consider whether a founding affidavit to an application as well as the replying affidavit had been properly commissioned in compliance with Regulation 3(1) of the Regulations Governing the Administering of Oath or Affirmation.
OPINIONISTA: Media representation of queerness is key to the integration of queer identities into society
“You shouldn’t be in here, you don’t belong here!” These words, and the terror they inflicted on me, have been etched in my memory since I was a little girl. I was in a shopping mall with my mother when I needed to use the loo. Of course my mother would come along with her daughter to the loo, it’s what she had always done. Until this day, when a cleaner in a bathroom at a mall yelled these words at my mother. My mother has always been the most beautiful human I have ever seen.
Compromise: settlement agreements
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Compromise: settlement agreements
An agreement of compromise is the settlement of disputed obligations by agreement. A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding or increasing their liability.
Large medical negligence claims frustrate obligation on the state to provide healthcare services
In this February 2023 judgment, the MEC for Health in the Eastern Cape successfully obtained an order by which the quantum of damages to be paid to a claimant in a medical negligence claim was reduced by the medical services and equipment which the Department of Health could provide to the claimant without charge.
RAF CEO and Board ordered to pay costs out of their own pockets for frustrating the judicial process
The Mpumalanga High Court handed down a ground-breaking judgment on 24 January 2023 in which the court ordered costs de bonis propriis (paid out of their own pockets) against the CEO and the Board of the Road Accident Fund (RAF).
Ex Gratia Payments
An ex gratia payment is a payment made by a person to a claimant for damages or other claims without recognising any legal obligation. “Ex gratia” means “by favour” or “by virtue of grace” .Thus, an ex gratia payment is a voluntary payment that does not signify legal liability. Ex gratia payments differ from legally-required payments because ex gratia payments are voluntary.
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