Tuesday, October 1, 2019
In the early hours of Saturday morning, 8 June, an accident occurred when the driver of a bakkie collided with a stationary motorcycle driver at a red-light intersection. Then, during the early hours of Sunday morning, 9 June, an almost identical accident occurred between two different parties at a different intersection. Both accidents were in Bloemfontein. What makes this extraordinary is that this second collision also involved the driver of a bakkie colliding with a motorcyclist at a red light intersection.
Monday, September 2, 2019
When the Consumer Protection Act, 2008 (the CPA) came into effect during 2011, it changed the franchise landscape significantly. Prior to its promulgation, franchise agreements (and the inevitable disputes that followed) were governed solely within the framework of the franchise agreement.
Friday, August 30, 2019
The Minister of Environmental Affairs, Forestry and Fisheries has in terms of the Atmospheric Pollution Prevention Act, 1965 ("the Act"), published consultation notices regarding her intention to repeal the certain Regulations
Legal updates and commentary from our Environmental and Mining Law team for July - August 2019.
Thursday, August 1, 2019
There is often a perception that because a patient is a child, their parents can make all decisions regarding their health care. This is not always the case and medical practitioners, in particular, need to be certain that they obtain a valid consent for medical treatment or surgical operations performed on children. They should be aware of circumstances in which a parent or guardian may consent on behalf of a child and when the child may consent.
Monday, July 1, 2019
Since the 2018 decision of Le Grange J in Bo-Kaap Civic and Ratepayers Association (BOCKRA) & Others v City of Cape Town and Others (7031/17) [2018] 4 All SA 93 (WCC) (17 August 2018), in which it was concluded that the City of Cape Town's Municipal Planning Tribunal, and the decision by the Mayor of Cape Town acting in the capacity as the appeal authority, acted reasonably and rationally to grant rights and consent to a development in the Bo-Kaap area, there has been visible and growing intransigence from the residents of the Bo-Kaap towards the local authority and developers alike.
Monday, June 3, 2019
The Supreme Court of Appeal was recently called upon to adjudicate an appeal relating to a claim based on an alleged failure to obtain informed consent for a medical procedure. In the case of Beukes v Smith (211/2018) [2019] ZASCA 48 the appellant appealed against an order dismissing her claim because she had failed to establish the basis for liability against the respondent. She alleged that the respondent failed to inform her of the full range of treatment options available to her for the treatment of a hernia, that he unilaterally decided to perform a laparoscopic hernia repair, and that this resulted in her sustaining a perforation of her bowel.
Thursday, May 2, 2019
Legal updates and commentary from our Environmental and Mining Law team for May - June 2019.
Wednesday, May 1, 2019
In November 2013, Marlise Munoz, a 33-year-old pregnant Texan woman, collapsed in the kitchen of her family home. She was found by her husband an hour later and subsequently rushed to John Peter Smith Hospital. She was diagnosed with a pulmonary embolism and declared clinically brain dead. Her husband requested the hospital remove her life support. However the hospital declined as it wished to keep her on life support until the foetus was viable or eventually died. Naturally, the case sparked controversy within the medical ethics community.
Monday, April 1, 2019
A health care practitioner's clinical records are not only important to ensure good clinical practice but they are invaluable when it comes to medico-legal matters.
