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South Africa decisions
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W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96; 2024 (4) SA 316 (KZD) (18 December 2023)
High Court ordered limited medical disclosure in a child residence dispute, balancing privacy and the best interests of the children.
Divine Inspiration Trading 205 (Pty) Ltd v Gordon and Others (22455/2019) [2021] ZAWCHC 38; 2021 (4) SA 206 (WCC) (3 March 2021)
The court held that the second and third respondents, as medical practitioners, are obliged to disclose the first respondent's medical records pursuant to subpoenas duces tecum issued under Rule 38. Section 14(2)(b) of the National Health Act permits disclosure where required by law, and Rule 38 qualifies as such law. Ethical rules and POPI do not override this legal obligation, as both statutes defer to court orders and legal requirements. The medical records are relevant to the inquiry into the first respondent's loss of earning capacity, particularly for assessing pre-morbid conditions and…
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