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At Welman and Bloem Incorporated we strive to achieve results that exceed expectations through our dedication to our clients, being accessible, efficient, and responsive. We are oriented toward growth and strive for excellence in the legal services field with the continued support and belief of our clients.

MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances.   Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action or omission results in the injury or death of a patient.   Negligence takes various forms and degrees of severity. The degree of severity will determine how much a victim can possibly win in compensation.   The following four elements which constitutes negligence must be present in order to proveRead More →

PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS

When does prescription begin to run? We see that subject to the provisions of subsections (2), (3) and (4) of section 12 of the 1969 Prescription Act, extinctive prescription in respect of a medical negligence right of action begins to run ‘as soon as the debt is due’.   According to John Saner SC, it is so trite that no authority is needed to underpin the statement that a claim based on medical negligence, being a delictual claim, is a ‘debt’ for the purposes of section 12 of the 1969 Prescription Act.   So, when is the debt in a medical negligence claim ‘due’ –Read More →

WHAT IS AN UNLAWFUL ARREST?

Law enforcement members such as officers or officials of the South African Police Service (SAPS) or Metro Police is not allowed to arrest a person or just take a person into custody whenever they feel like it- they must have probable cause to make an arrest. Probable cause is a conformable indication that a crime has already been committed, or that a crime is about to be committed. Without this probable cause, an arrest of a citizen may be considered to unlawful. Common examples of unlawful arrests include: Arrests of the wrong person; Arrests that occur after planting false evidence; Arrests of a person withoutRead More →

CALCULATION OF EMPLOYEE’S REMUNERATION

GN 691 OF 23 MAY 2003:  CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35 (5) OF THE ACT (BCEA)   With compliments from the Department of Labour…   The Minister of Labour has determined, in Government Notice 691 dated 23rd May 2003, that the following method of calculating employee’s remuneration for the purposes of annual leave in section 21, payment instead of notice in terms of section 38 and severance pay in terms of section 41 of The Basic Conditions of Employment Act shall be effective from 1st July 2003:   The following payments are included in an employee’s remuneration:   Housing or accommodationRead More →

OVERPAYMENTS

In terms of section 35(5) of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration. The Labour Court has ruled that where an overpayment had been made, all the employer must do is advise the employee of the error in payment and the amount of the deduction it intends to make. It is important to note that this section only applies to an existing employer-employee relationship and to errors in calculating an employee’s remuneration. Where an employer continues toRead More →