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The question of when a medical scheme may terminate membership due to non-disclosure was considered relatively settled in South African law. However, the Constitutional Court’s decision in Carlo Swanepoel N.O v Profmed Medical Scheme [2024] ZACC 23 has revisited both the duty to disclose and the threshold for material non-disclosure, and for many observers, the […]
Recent court decisions in the construction and engineering sector have reinforced the importance of properly identifying individuals responsible for unlawful conduct before seeking an interdict. Broad allegations against undefined groups may weaken urgent court applications and prevent relief from being granted. Threats, intimidation, and violent disruptions by community groups, business forums or disgruntled employees are […]
The Constitutional Court delivers a reassuring and defining message in its judgment of Famous Idea Trading 4 v Government Employees Medical Scheme (GEMS) – a medical scheme’s decisions are not administrative actions simply because they operate in a public space. The case involved a courier pharmacy company which lost out on a lucrative contract with […]
Peter Barnard, Claudelle Pretorius, and Chantal Mitchell have co-authored the South Africa chapter in the latest edition of the International Comparative Legal Guide – Construction & Engineering Law 2025. The guide provides a comparative analysis of construction and engineering laws across multiple jurisdictions, with the South African chapter offering insight into: The standard forms of […]
