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Reprieve for State Hospitals as court develops common law to allow provision of services as compensation for future damages

by Sandra Sithole, a Partner at Webber Wentzel  In a recent landmark judgment (MSM obo KBM v The Member of the Executive Council for Health, Gauteng Provincial Government), the Gauteng High Court handed down a judgment in December 2019 in which it developed the common law to allow for payment of future damages by providing services instead of money in certain medical negligence cases involving State hospitals. The judgment follows a 2017 Constitutional Court decision (Member of the Executive Counsel for Health and Social Development, Gauteng v DZ obo WZ) where the Constitutional Court was asked to determine whether massive future medical…

South African Immigration Cases: Nandutu and Others v Minister of Home Affairs and Others (2019)

In Nandutu and Others v Minister of Home Affairs and Others (2019), the Constitutional Court decided that the requirement that foreign spouses or children of citizens or permanent residents must leave the country to apply for a change of visa status,  is inconsistent with Constitution and unjustifiably limits the right to dignity and rights of children . It is therefore constitutionally invalid. Interim relief was granted as well as an order of declaration of invalidity, which was suspended for 24 months.  The implication is that the persons listed above may apply for a change of visa status within the country.  For…

Get ready for the Films and Publications Amendment Act

by Peter Grealy, Nozipho Mngomezulu, Karl Blom, Wendy Tembedza, Ziyanda Ngcobo, Carla Collett of Webber Wentzel On 2 October 2019, the President ratified the controversial Films and Publications Amendment Act, which has been described in the media as the "internet censorship bill" (the Act). Although the Act is signed by the President, it will only come into operation on a future date to be declared by the President. Anyone who distributes content online should use this opportunity to ensure that their online activities adhere to the requirements of the Act. Basics of the Act The Act introduces significant changes to our law, including the regulation of harmful content…

St Benedicts Boys Stand Against Gender Violence | Launching Male Manifesto

St Benedicts Boys Stand Against Gender Violence | Launching Male Manifesto
The only thing necessary for the triumph of evil is for good men to do nothing."Edmund Burke As a country, South Africa is scarred by a history of violence particularly against women. The country’s 2016 Demographic and Health Survey reports that one in five women older than 18 has experienced physical violence. This increases to one in three in poorer communities. In response to this scourge – a stain on the fabric of society – the boys and male staff at St Benedict’s School have developed a unique Manifesto on Masculinity. Ratified at a special assembly today [Thursday, 24 October 2019],…

Sinister group impersonates well-known Aida Persian Clairvoyant

Aida Persian Clairvoyant
It has recently come to light that a syndicate operating out of Cape Town are impersonating well-know and trusted psychic, Aida Persian Clairvoyant who has been regularly appearing as an esoteric expert, psychic, medium in South African media over the past 15 years. Aida Coertse known as Aida Persian Clairvoyant, who is originally from Iran, has been contacted by various clients and potential clients over the past weeks who have had the unfortunate luck of dealing with this syndicate. “When I was first alerted to the other websites and phone numbers, I simply thought it was someone trying to make…

Emigration opportunity for South Africans: Golden Visa for Portugal

The Golden Visa Program launched by the Portuguese Authorities in October 2012 is a fast track for foreign investors from non-EU countries to obtain a fully valid residency permit in Portugal ("Golden Visa"). Under the Golden Visa program, non-EU citizens simply need to carry out one of the investments set out in the law to qualify to obtain a residency permit in Portugal. This residency permit will allow the investor to enter and/or live in Portugal and to travel freely within the vast majority of European countries (Schengen area).Aimed at attracting foreign investment to Portugal, the Golden Visa is a…

Archie makes his debut on Meghan and Harry's South Africa tour

Archie makes his debut on Meghan and Harry's South Africa tour
Cape Town, South Africa (CNN) Britain's Duke and Duchess of Sussex brought their son Archie to his first official engagement Wednesday -- a meeting with Nobel laureate and retired Archbishop Desmond Tutu. Marking his South African debut, four-month-old Archie met the beloved 87-year-old statesman when the family visited his legacy foundation in Cape Town. The Sussexes are midway through a 10-day trip to southern Africa on behalf of the UK government.Footage posted to the official Sussex Royal Instagram account revealed the much-anticipated moment -- to the delight of royal fans around the world.Baby Archie could be seen being cradled by his mother Meghan as the family…

Unfair labour practices and bullying are not the same

Bullying as a tactic for most people is either confined to playgrounds where children hang out, or the internet where trolls sling all types of derogatory comments. But bullying is equally prevalent in the workplace with dire consequences for both victims and organisations. But discerning the difference between bullying antics and unfair labour practices is often difficult to do, says Advocate Tertius Wessels, Legal Director at Strata-g Labour Solutions.  “Looking at the labour dispute of Peter Moyo, Old Mutual’s embattled CEO. One can understand why some people have lashed out at Old Mutual, accusing it of employing bullying tactics, after…

Hanging of Dr. Neil Aggett comes under fresh scrutiny, 38 years on

The inquest into the death apparently by hanging of human rights activist Dr. Neil Aggett in 1982 will re-convene in January, aiming to bring answers and justice for his family. The inquest into the death of well-known anti-apartheid activist Dr. Neil Aggett, found hanging in his prison cell on 5 February 1982, will be re-opened in the South Gauteng High Court in Johannesburg on 20 January 2020. Judge President Mlambo has appointed Judge Motsamai Makume to preside over the re-opened inquest. Five weeks have been set aside for hearings. The details were confirmed at a meeting on Friday, 13 September, between…

The Truth About Xenophobia in South Africa

Devan Moonsamy, CEO of The ICHAF Training Institute
By Devan Moonsamy CEO of The ICHAF Training Institute The view that someone is a threat because of their being a foreigner, and should therefore be pushed out of an organisation, and out of the country, is based on fear. Such fear may be understandable because unemployment is very high in South Africa, and it is also fair that South Africans expect the government and companies to prioritise them. Unemployment is a source of frustration, conflict, poverty, a loss of self-worth and self-confidence, and socioeconomic exclusion. However, this is as true for South Africans as it is for anyone else.…