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South Africa decisions
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Kotze v GWK Welvaart Prosperity (Pty) Ltd (1522/2023) [2023] ZANCHC 66 (13 October 2023)
The High Court dismissed an urgent application to reinstate medical aid benefits, finding no prima facie right because the applicant appeared to breach a restraint of trade.
Nosana v Road Accident Fund (1092/2021) [2023] ZAFSHC 354 (8 September 2023)
The court held that the defendant's liability to the plaintiff arises from section 17(1) of the Road Accident Fund Act and is not affected by the plaintiff's contractual relationship with a medical aid scheme. The defendant remains liable for past medical expenses, even if those expenses were paid by the medical aid. The internal directive relied upon by the defendant is inconsistent with the enabling statute and unlawful. The principle of double compensation does not apply to private medical aid benefits, and the plaintiff is entitled to recover the full amount of past medical expenses from…
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M.E.V.S v I.J.V.S (1982/2017) [2018] ZANCHC 45 (12 June 2018)
Rule 43(6) variation application in a divorce matter. The court reduced interim maintenance, kept medical aid cover and vehicle use, and refused a further costs contribution.
Van Schalkwyk M v Van Schalkwyk I (1982/2017) [2018] ZANCHC 52 (12 June 2018)
Rule 43 maintenance variation in a divorce matter: interim maintenance was reduced, medical aid retention confirmed, and a legal-cost contribution refused.
Capriati v Bonnox (Pty) Ltd and Another (101816/2016) [2018] ZAGPPHC 345 (10 May 2018)
High Court application over medical aid benefits and affidavit formalities was referred to oral evidence because key facts about authority were disputed.
T.S (born C) v R.J.S (EL 276/2010) [2010] ZAECGHC 69 (19 August 2010)
Rule 43 interim-relief application in a divorce matter involving a minor child, medical aid, school expenses, and costs. The court ordered joint caregiving and split certain financial responsibilities.
Rustenburg Base Metal Refineries (Pty) Ltd v National Union of Mineworkers and Others (J1337/02) [2002] ZALC 33; (2002) 23 ILJ 935 (LC); [2002] 6 BLLR 586 (LC) (11 April 2002)
The court found that for employees who signed post-1994 contracts containing clause 7.2, the employer retained the right to nominate the medical aid provider, and changing the provider did not constitute a unilateral change to terms and conditions of employment. However, for employees with pre-1994 contracts, whose medical aid membership was regulated only by general conditions of employment (clause 7.1.1 and 7.1.2), the employer did not have the contractual right to change the medical aid provider without their consent. The attempt to terminate Good Hope membership and compel membership in P…
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South African Chemical Workers' Union and Others v Sentrachem (J789/99) [1999] ZALC 180 (1 March 1999)
The court found that the applicants failed to demonstrate sufficient urgency to justify interim reinstatement. The retrenchment process, while challenged for lack of consultation, did not present special circumstances warranting urgent relief. The loss of medical aid benefits, even for employees with medical conditions, was not considered a ground for urgency in itself. The applicants had alternative remedies available through adjudication, and the balance of convenience did not favour granting interim relief. The application was dismissed on the basis that the matter was not urgent and that…
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