Juta

In this week’s Medical Brief… South Africa’s top HIV scientists and a key local facilitator are crafting rescue plans, including a possible alternative 'solidarity fund' with business support, to plug the gaping holes that President Donald Trump’s foreign funding ban has left in SA’s HIV/AIDS and TB prevention and treatment programmes. On NHI, the government of national unity (GNU) has apparently quietly reached an “agreement” on two key aspects relating to the scheme which, if confirmed, spells good news for medical aids. And the South African Pharmacy Council has issued a notice confirming pharmacists may not – based on personal beliefs, moral reasons or religious grounds – refuse to dispense drugs to patients wishing to terminate their pregnancy, warning that their refusal could have “devastating consequences”. Sign up for FREE: https://bit.ly/3ODUwan, or view our advertising opportunities: https://bit.ly/4aifCHV

At the 2025 Pre SONA Government Communicators Networking Session presented by Kagiso Media, a powerhouse panel is taking center stage: • Kenny Morolong – Deputy Minister in the Presidency • Lungile Binza – Acting SABC COO • Nick Grubb – Kagiso Media CEO, Radio • Tsepo Setshedi – Kagiso Tiso Holdings • Leanne Moses – SUPPLE COO • Sisanda Nkoala – SA Press Council Together, they’re diving deep into transforming the communication landscape with discussions on AI digital integration, safeguarding official communication integrity, and crafting regulatory frameworks that foster innovation while protecting public interests. Stay tuned as we chart the future of government communications! #juta #FutureManagers #KagisoMedia #sona #StateOfTheNationAddress

Exciting News! The trusted guide in criminal law is evolving. Principles of Criminal Law is now Burchell’s Principles of Criminal Law – 6th Edition! Featuring new co-authors, updated chapters, and essential developments in criminal law. Don't miss out on this must-have resource for legal professionals and students alike. Reserve your copy today by emailing [email protected]. #CriminalLaw #LegalEssentials #NewEdition

[IN LEGALBRIEF TODAY CASE LAW BRIEFS] SAFEGUARDS FOR PUBLIC FUNDS SHOULD NOT DELIBERATELY EXCLUDE ELIGIBLE PERSONS The case concerns the Social Relief of Distress (SRD) grant introduced by the government in May 2020 as a temporary measure during the Covid-19 pandemic. Applicants challenge the constitutionality of electronic-only applications; the determination of eligibility; the validity of using bank verification as a definitive means test; the constitutionality of limiting grant payments to available funds; and the progressive realisation of social assistance rights given the grant's value and threshold. The court found the online-only process to be unreasonable and unfair discrimination between SRD grant applicants and other grant beneficiaries. The court held that there was no reasonable justification for treating SRD grant applicants differently from other grant applicants. The court found a number of aspects of the grant unconstitutional. Judge Twala stated that: 'DSD and SASSA seem to be oblivious to the human suffering and indignation caused by the deployment of regulations with barriers that preclude the eligible SRD grant applicants from receiving it and the inefficient administration and payment of the SRD grant to the successful applicants. This is so because they have totally abdicated their responsibilities in these proceedings in that they failed to fully answer to the case of the applicants and left that responsibility to the National Treasury...' Read the summary (subscribers only) or view the judgment: Summary: https://bit.ly/4aQkfta Judgment: https://bit.ly/4hkZ98q

In this week’s Medical Brief… Another legal suit has been lodged against the National Health Insurance Act, with the Hospital Association of South Africa becoming the latest group to turn to the courts ahead of a Cabinet lekgotla where opponents to the legislation are hoping for a compromise from the ANC. And South African NGOs are already feeling the squeeze as US President Donald Trump’s suspension of all foreign development assistance begins to take effect, putting hundreds of millions of dollars in aid at risk of drying up and threatening critical health programmes. In the courts the Board of Healthcare Funders (BHF) will is seeking to legally compel the Council for Medical Schemes (CMS) to allow cheaper medical aid plans. The BHF, which represents more than 40 medical schemes, will seek a court ruling that compels the CMS to allow schemes to offer low-cost benefit options or LCBOs. Sign up for FREE: https://bit.ly/3ODUwan, or view our advertising opportunities: https://bit.ly/4aifCHV

[IN LEGALBRIEF TODAY CASE LAW BRIEFS] ATTACHMENT NO LONGER REQUIRED TO FOUND JURISDICTION OVER PEREGRINE DEFENDANTS In Swanepoel v De Puy International, the court held that the attachment of property to found or confirm jurisdiction is no longer an absolute requirement in suits against peregrine defendants. Rather, as held in Competition Commission v Bank of America Merrill Lynch International Ltd, the court is required to examine whether there is a "real and substantial connection" between the forum and the action. In any case, said the court, even if it was wrong about the current state of jurisprudence on the matter, the peculiar facts of the matter demand that the common law on jurisdiction be developed. The court noted that in our technology-driven society, more and more global international businesses, with no boundaries, are being developed. Thus, logically, the common law should be adapted to modern customs and practices of international trade. Considerations of appropriateness and convenience may sufficiently dilute and erode the doctrine of effectiveness in considering jurisdiction over foreign defendants. The court concluded that, in casu, the court had jurisdiction since the peregrinus defendant had submitted to its jurisdiction through its conduct and because modern jurisprudence no longer sets attachment of property as an absolute requirement to found or confirm jurisdiction where there is a strong enough connection between the action and the forum in question. Read the summary (subscribers only) or view the judgment. Summary: https://bit.ly/3WyGlKC Judgment : https://bit.ly/40w3qPu

In this week’s Medical Brief… Public health experts have warned of major repercussions following the withdrawal of the United States from the World Health Organisation, undermining the nation’s standing as a global health leader and threatening a shift in world health dynamics. And four South African women who used Pfizer’s Depo-Provera for decades blame the injectable contraceptive for causing them to develop brain tumours, but the company has said it would defend any lawsuits, maintaining that Depo-Provera has been approved in more than 60 countries for three decades. At the Health Professions Council of SA, a preliminary inquiry has found profiler Professor Gerard Labuschagne guilty of unprofessional conduct and fined him R10 000 for conducting a risk assessment on murderer Donovan Moodley “without patient consent”. Sign up for FREE: https://bit.ly/3ODUwan, or view our advertising opportunities: https://bit.ly/4aifCHV

[In Legalbrief Today Case Law Briefs] MOTOR INDUSTRY STAFF ASSOCIATION AND LANDMAN V GREAT SOUTH AUTOBODY T/A GREAT SOUTH PANELBEATERS; SOLIDARITY OBO VILJOEN V STATE INFORMATION TECHNOLOGY AGENCY SOC LTD In 3 different judgments, the CC dealt with the situation where an employee continues to work after the specified retirement age and the employer subsequently wishes to end the employment relationship. Constitutional considerations: s 187(2)(b) of the LRA must be interpreted restrictively as it limits constitutional rights against age discrimination. The interpretation should balance both employer and employee interests and must give effect to the right to fair labour practices and human dignity. In the majority judgment, Zondo CJ ordered compensation for automatically unfair dismissals. ‘I am of the view that, if an employer wants to dismiss on the ground of age an employee who has continued to work beyond the agreed retirement age, that dismissal cannot be said to be fair by reason of section 187(2)(b) but can only be said to be fair if, by reason of age, the employee is no longer able to do his or her work as required. So, the employer would have to prove this.’ Read the summary (subscribers only) or view the judgment: Summary: https://bit.ly/40DHUt3 Judgment: https://bit.ly/40nTyHt

In this week’s Medical Brief… Doctors groups are warning that the rising number of unemployed junior doctors requires urgent action – with the South African Medical Association threatening legal action if the issue remains unresolved – but the Health Minister says the state is not obliged to employ them. On NHI, Health Minister Aaron Motsoaledi says reports that the ANC was prepared to compromise the controversial plan and medical aid schemes were without basis, denying that there was a shift in the government’s stance as reported in media. And a group of global experts is proposing a new way to define and diagnose obesity, reducing the emphasis on the controversial body mass index and hoping to better identify people who need treatment for the disease caused by excess body fat. Sign up for FREE: https://bit.ly/3ODUwan, or view our advertising opportunities: https://bit.ly/4aifCHV

[IN LEGALBRIEF TODAY CASE LAW BRIEFS] THE ESTATE AGENT WHO IS THE EFFECTIVE CAUSE OF A PROPERTY SALE IS ENTITLED TO THE AGENT’S COMMISSION In City and Atlantic Real Estate v Smith and Others, the Western Cape High Court held that, on the facts, the estate agent who had introduced the buyer to the seller was the effective cause of the sale and therefore entitled to the estate agent’s commission, despite a second agency having finalised the sale. RE/MAX and Kapstadt estate agents had obtained a joint mandate to sell the property. RE/MAX introduced Mr. Pears to the property, arranging multiple viewings. Negotiations failed. Negotiations with another potential buyer (introduced by Kapstadt) also fell through. Subsequently, Pears purchased the property through Kapstadt. RE/MAX claimed the agent’s commission, while Kapstadt opposed their claim. The court held that the test was who was the effective cause of the sale, applying the ‘but for’ test set out in in Wakefields Real Estate (Pty) Ltd v Attree. The court noted that case law consistently supported the principle that the first agent's introduction usually remains the effective cause of the sale, even when a second agent concludes the transaction. Read the summary (subscribers only) or view the judgment. Summary: https://bit.ly/3DOEYBd Judgment: https://bit.ly/3BSzLYw

Missed the Labour Law Seminar? We’ve Got You Covered! Unlock the very best insights with our Highlights Package—a comprehensive on-demand video that brings the seminar to you, wherever you are. What’s Included: ✔️ Expert analysis on key labour law topics, legislative updates, and recent case law ✔️ Accredited by the SA Board for People Practices (SABPP) for 8 CPD hours ✔️ Year-long access to our Labour Law Sibergramme e-newsletter, featuring timely case law summaries and expert commentary Exclusive Insight: In the video, Tanya Venter, one of the speakers at JALL, answers the thought-provoking question: "How do you see the labour law landscape evolving in the near future, and what roles do forums like JALL play in preparing practitioners for these changes?" Stay informed, stay ahead—cost-effectively and conveniently. Get your Highlights Package here: https://bit.ly/3P4djhO #LabourLaw #ProfessionalDevelopment #CPDAccredited #StayInformed #Juta

In this week’s Medical Brief… Gauteng Health has attempted to justify its failure to spend R250m that was allocated for cancer treatment to patients, saying the situation is “not as urgent” as it is being made out to be. But in a blow to the patients, the department has to hand back the money it was given by the provincial Treasury – because it did not spend a cent of it. In alarming news, a global analysis has placed South Africa among the countries worst hit by the burden of high consumption of sugary drinks which, together with ultra-processed foods, is also being cited in a US lawsuit by a diabetic teenager as a key contributor for chronic diseases. This comes as medical professionals express concern about the rise in kidney stone cases among children, with some implicating ultra-processed foods as the culprit. And health authorities have said there is no need to panic over the respiratory virus outbreak in China that has stirred public concerns, adding that it is not new or mysterious. The government said it was monitoring the situation, as was the World Health Organisation, while authorities in Beijing have downplayed the outbreak. Sign up for FREE: https://bit.ly/3ODUwan, or view our advertising opportunities: https://bit.ly/3z0R9EO