South Africa Case Law

Member of The Executive Council for Health Gauteng Province v Solomons (2022/A5070)

Member of The Executive Council for Health Gauteng Province v Solomons (2022/A5070) [2023] ZAGPJHC 739; 2023 (6) SA 601 (GJ) (27 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/A5070

Judges

Maier-Frawley, Wepener, Malungana

The court held that the appellant’s approach—issuing a subpoena duces tecum to compel disclosure of confidential patient information from a medical practitioner, absent patient consent and without judicial oversight—was inappropriate and contrary to the statutory and ethical framework governing patient confidentiality. The National Health Act and HPCSA guidelines require that disclosure of such information, absent consent, must be authorized by a court after a proper factual foundation is laid and the need for access is weighed against the privacy interests of the patient. The appellant faile…

Source excerpt

• Subpoena Duces Tecum
• Patient Privacy
• National Health Act
• Confidential Medical Information
• Declaratory Relief
• Judicial Oversight

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019)

Mnisi and Others v South African Broadcasting Corporation SOCS Limited and Others (JS 126/2019) [2023] ZALCJHB 178; [2023] 9 BLLR 950 (LC); (2023) 44 ILJ 1977 (LC) (9 June 2023)

Court

Labour Court Johannesburg

Case number

JS 126/2019

Judge

Van Niekerk

The Labour Court dismissed claims by dismissed SABC employees who alleged contractual breaches, unlawful use of medical claims data, and lack of authority to dismiss.

• Breach Of Employment Contract
• Disciplinary Code Interpretation
• Right To Hearing
• Confidential Medical Information
• Authority To Dismiss
• Specific Performance

Thabela v Nedgroup Medical Aid Scheme/Medscheme (28173/2016)

Thabela v Nedgroup Medical Aid Scheme/Medscheme (28173/2016) [2019] ZAGPJHC 153; 2020 (1) SA 318 (GJ) (21 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

28173/2016

Judge

Modiba

The High Court dismissed a claim over disclosure of medical information, finding the plaintiff had already disclosed the information and failed to prove wrongfulness or privacy impairment.

• Right To Privacy
• Confidential Medical Information
• Actio Iniurairum
• Statutory Duty Under National Health Act
• Constitutional Damages
• Employment Contract Screening