Medical negligence is a growing concern within South Africa.1 The medical environment has great potential for conflict, because even the best trained physicians can commit errors that result in medical disabilities and sometimes in death.2 The conflicts that follow from these errors are mostly fuelled by emotions and they can become very expensive and time-consuming to settle using the litigation process.3 There is a growing recognition that alternative dispute resolution (ADR) systems in healthcare may alleviate some of the financial and psychological burdens on doctors and patients involved in medical negligence disputes. Mediation is a method of ADR that is flexible and it permits the parties to the dispute to have control over the resolution. A typical medical negligence dispute is driven by intensely emotional factors on the part of injured patients. Victims are not merely seeking financial compensation but they are also looking to understand the circumstances that brought on the event at hand. They want closure. A huge issue with regard to medical negligence litigation is the manner in which the claims are resolved. Litigation provides injured patients and caregivers with a traditional platform for addressing medical negligence claims. However, due to many reasons, this system seems not to be adequate for dealing with disputes arising from alleged medical negligence. Mediation offers a promising solution to the problems surrounding redress of medical negligence disputes. / Jurisprudence / LL. M.

Text in English / The South African government provides people living with HIV Temporary Disability Grants to assist them with money when they cannot work due to being disabled by HIV. The toll of the disease has contributed to the inability to be employed among black South Africans. The aim of this exploratory qualitative study was to investigate the challenges experienced by people living with HIV when their Temporary Disability Grants are terminated in the semi-urban area of Gauteng. The temporary disability grant is terminated after six months of receiving it. In-depth interviews were conducted with people who live with HIV who are members of Ekupholeni Mental Health and Trauma Centre support group. Thematic analysis was used to analyse data. The findings of the study revealed that the termination of Temporary Disability Grant affects the running of the households of people living with HIV, causes poor management of the disease, non-adherence to treatment which leads to viral rebound, poor nutrition as a result of poor finances. The findings of this study are significant for the policy review on how long a person should receive the disability grant and the criteria used to apply for a disability grant, and to encourage the people living with HIV to start their own gardening programmes for food supply. Moreover, to encourage the introduction of a Chronic Disease Grant (CDG) for people who live with HIV. / OKUFINYEZIWE Uhulumeni waseNingizimu Afrika uhlinzeka abantu abaphila ne-HIV Izibonelelo Zesikhashana Zabaphila Nokukhubazeka, ama-Temporary Disability Grants, ukubasiza ngemali ngesikhathi bengakwazi ukuthi bayosebenza ngesizathu sokukhubazeka ngenxa ye-HIV. Ubunzima balesi sifo sebubenomthelela wokuthi kube nokungaqasheki kwabantu abamnyama baseNingizimu Afrika. Injongo yalolu cwaningo oluchaza kabanzi kwakuwukuphenya ngezinselelo ezibhekana nabantu abaphila ne-HIV uma Izibonelelo Zesikhashana Zabaphila Nokukhubazeka zinqanyulwa endaweni yasemalokishini aseGauteng. Isibonelelo sesikhashana sabaphila nokukhubazeka sinqanyulwa emva kokutholakala kwaso izinyanga eziyisithupha. Ukuxoxisana okunzulu kwenziwa nabantu abaphila ne-HIV abangamalungu esikhungo Sezempilo Yangokomqondo, Ekupholeni nabayiqembu lokusekelana Lesikhungo Sokuphazamiseka Emqondweni. Ukuhlaziywa kwale ndikimba kwenziwa ukucwaninga imininingwane eyayiqoqiwe. Okwatholwa yisifundo kwaveza ukuthi ukunqanyulwa Kwesibonelelo Sesikhashana Sabaphila Nokukhubazeka kuthikameza ukuqhubeka ngendlela efanele kwamakhaya abantu abaphila ne-HIV, kubangele ukungalawuleki kahle kwesifo, ukungabambeleli ekuphuzweni kwemithi okubangela ukuthi igciwane lihlasele kabusha, ukungadli ngokufanele ngenxa yokuswela imali. Okutholakala kulolu cwaningo kusemqoka ekubuyekezweni kwenqubomgomo yokuthi kumele umuntu anikezwe isibonelelo sokuphila nokukhubazeka isikhathi esingakanani kanye nemigomo esetshenziswayo ukufaka isicelo semali yesibonelelo sokuphila nokukhubazeka, kanye nokukhuthaza abantu abaphila ne-HIV ukuthi baqale izinhlelo zabo zezingadi ukuze bathole ukudla. Ngaphezu kwalokho, ukukhuthaza ukuqala ukusebenzisa Isibonelelo Sezifo Ezingelapheki, i-Chronic Disease Grant (i-CDG) sabantu abaphila ne-HIV. / KGUTSUFATSO Mmuso wa Afrika Borwa o fana ka Dithuso tsa Nakwana ho batho tshwerweng ke HIV le ba Koafetseng ho ba thusa ka tjhelete nakong eo ba sa sebetseng ka lebaka la ho tshwarwa ke HIV le ho koafala. Sekgahla sa kokwana se bakile bothata ba ho hloka mesebetsi ka hara batho ba batsho ka hara Afrika Borwa. Maikemisetso a dipatlisiso tsena ke ho hlahloba diphephetso tseo batho ba phelang ka HIV ba kopanang le tsona nakong eo Dithuso tsa Nakwana tsa ho Kowafala di felang dibakeng tsa seka-ditoropo Gauteng. Dithuso tsa Nakwana tsa ho kowafala di fihla pheletsong ka moea dikgwedi tse tsheletseng ka mora ho di fumantshwa. Di-inthavu tse tebileng di ile tsa tshwarwa le batho ba phelang ka HIV bao e leng ditho tsa sehlopha se tshehetsang sa Ekupholeni Mental Health and Trauma Centre. Manollo ya mookotaba o ile wa sebediswa bakeng sa ho sekaseka lesedi. Tse fumanweng ka hara dipatlisiso tsena di hlahisa hore ho fela ha Dithuso tsa Nakwana tsa Ditjhelete di ama tsamaisong ya malapa a batho ba phelang ka HIV, di baka taolo e fokolang ya bohloko, ho se ikamahanye le phekolo ho etsang hore bohloko bo kgutle hape, phepo e sa lokang e bakwang ke tjhelete e nyane. Tse fumanwanwang ka hara dipatlisiso tsena ke tsa bohlokwa bakeng sa hore maano a shejwe hape mabapi le hore e k aba nako e kae moo mokudi a lokelang ho fumantshwa thuso, mmoho le tsela e sebediswang ho etsa kopo ya dithuso tsa bokowa, le ho kgothalletsa batho ba phelang ka HIV hore ba iqalle manane a temo bakeng sa phepelo ya dijo. Ho feta moo, ho kgothaletsa ho hlahiswa ha Dithuso tsa Mahloko a sa foleng (Chronic Desease Grant) bakeng sa batho ba phelang ka HIV. MANTSWE A SEHLOOHO Bokowa, dithuso tsa bokowa, baamohedi ba dithuso tsa bokowa, batho ba phelang ka HIV le AIDS, ho fela ha dithuso tsa bokowa le phekolo ka dipidisi tsa anthiritrovaerale. / Sociology / M.A. (Sociology (Social Behaviour Studies in HIV and AIDS))

The financial stability of the insurers is important to fulfil its role as a risk transfer mechanism and to protect the purchasers of their products. The European Union is introducing the Solvency II to modernise the current Solvency I regime and to harmonise the different insurance legislation of the members of the European Union. Solvency II introduces an architecture consisting of three pillars, with Pillar I setting the solvency capital requirements, Pillar II the governance and risk management requirements and Pillar III the reporting requirements. The South African Regulator initiated Solvency Assessment and Management for implementation in 2016 to align the South African prudential regulatory framework to meet the Solvency II requirements for third country equivalence. The problem that this study addressed is the possible effect that the introduction of Solvency Assessment and Management may have on the sustainability of short-term insurers in South Africa. The results of a empirical component of the study indicated that small and medium short-term insurers may be negatively impacted due to the costs incurred to implement and comply with the requirements of the new regulatory framework. The effect on the South African short-term industry can be that cover is concentrated among a few large short-term insurers. / Business Management / M. Com. (Business Management)

Universally complications exist concerning insurance cover for the risks posed by pollution damage. Environmental insurance cover can be procured under first-party or third-party insurance. For the latter, the polluter's statutory or civil liability is required. The determination of liability for compensation, especially delictual liability, remains problematic. The right to the environment in section 24 of the Constitution creates a general duty of care. The introduction of a strict liability regime can be recommended to alleviate the burden of proving fault and contributory negligence. Where there is multiple or cumulative causation or the exact identity of the polluter is unknown, potential solutions regarding the allocation of liability include a pollution-share, joint and several, market-share or, as a last resort, a proportional allocation. Actionable damages should include property damage, pure economic loss, clean-up costs and natural resource damages, including compensation for reduced aesthetic value. Due to the uncertainty and potential magnitude of pollution-related claims, insurers have attempted to avoid or limit these risks by including specific pollution exclusion and limitation clauses in policies. Statutory regulation of policy content and prescribed wording for clauses could address problems relating to the interpretation of policy provisions. Various other issues such as the coverage of gradual pollution, the effect of the various triggers of coverage and the potential long-tail liability of insurer, the lack of information and the unpredictability of the risk cause further complications for both the insured and the insurer. Policies should preferably be issued on a `claims-made' basis linked to retroactive dates. Mandatory third-party insurance to the benefit of a third party should be required within specific high-risk industries, specifically for the benefit of the prejudiced person or an environmental remediation fund. The right of a prejudiced party to claim directly from the polluter's liability insurer should be introduced. Currently, the focus appears to be more on protection and environmental remediation than on civil compensation. There is an urgent need for the development of statutory and civil liability compensation mechanisms and for an increased regulation of insurance policies and practices to ensure effective insurance cover to provide compensation for environmental damage. / Jurisprudence / LL.D.

The study was aimed at furthering the health objectives of the government's Reconstruction and Development Programme (ANC 1994b) in the area of primary health care. . The purpose of the study was to examine the possible reduction of medical scheme claims for cardiovascular disease by means of primary health care, so that medical scheme benefits do not become exhausted so rapidly. The overall outcome of the study showed that if cardiovascular disease could be diagnosed and treated early, the financial benefits could be substantial. This was illustrated by the comparison of primary, secondary and tertiary treatment of cardiovascular disease using case studies over a period of one year. Recommendations centered around nurse-based primary health care for cardiovascular disease and the cost-effective management of the medical scheme. It was concluded that as a result of nurse-based primary health care, costs could be contained so that medical scheme benefits would not become exhausted so rapidly. / Health Studies / M.A. (Nursing Science)

This study presents an overview of the medical expenditure allowed to taxpayers in the South African Income Tax Act, 58 of 1962 (hereafter the “Income Tax Act”). The study traces the changes made to the allowed expenditure over time. Changes made to the Income Tax Act, illustrating the effect of qualifying medical expenses on the income of persons with disabilities in terms of the Income Tax Act, are described. Certain provisions of the Income Tax Act, as well as other legislation dealing with persons with disabilities, were analysed. Furthermore, the research shows the effect of moderate to severe limitations on a person’s ability to claim qualifying medical expenses. In particular, the change over from the medical tax deduction system (section 18 of the Income Tax Act) to the medical tax rebate system (sections 6A and 6B of the Income Tax Act) to redress the inequality between high income and low income earners, was analysed. Case studies were used to illustrate that the medical tax deduction system (section 18 of the Income Tax Act) favoured high income earners over low income earners. Finally, the change over from the medical tax deductions (section 18 of the Income Tax Act) system to the current system of medical tax rebates (sections 6A and 6B of the Income Tax Act) was analysed. Except for a very small group of taxpayers, the medical tax rebate system (sections 6A and 6B of the Income Tax Act) was found to be financially more favourable to all taxpayers. / Taxation / M. Compt. (Taxation)

Universally complications exist concerning insurance cover for the risks posed by pollution damage. Environmental insurance cover can be procured under first-party or third-party insurance. For the latter, the polluter's statutory or civil liability is required. The determination of liability for compensation, especially delictual liability, remains problematic. The right to the environment in section 24 of the Constitution creates a general duty of care. The introduction of a strict liability regime can be recommended to alleviate the burden of proving fault and contributory negligence. Where there is multiple or cumulative causation or the exact identity of the polluter is unknown, potential solutions regarding the allocation of liability include a pollution-share, joint and several, market-share or, as a last resort, a proportional allocation. Actionable damages should include property damage, pure economic loss, clean-up costs and natural resource damages, including compensation for reduced aesthetic value. Due to the uncertainty and potential magnitude of pollution-related claims, insurers have attempted to avoid or limit these risks by including specific pollution exclusion and limitation clauses in policies. Statutory regulation of policy content and prescribed wording for clauses could address problems relating to the interpretation of policy provisions. Various other issues such as the coverage of gradual pollution, the effect of the various triggers of coverage and the potential long-tail liability of insurer, the lack of information and the unpredictability of the risk cause further complications for both the insured and the insurer. Policies should preferably be issued on a `claims-made' basis linked to retroactive dates. Mandatory third-party insurance to the benefit of a third party should be required within specific high-risk industries, specifically for the benefit of the prejudiced person or an environmental remediation fund. The right of a prejudiced party to claim directly from the polluter's liability insurer should be introduced. Currently, the focus appears to be more on protection and environmental remediation than on civil compensation. There is an urgent need for the development of statutory and civil liability compensation mechanisms and for an increased regulation of insurance policies and practices to ensure effective insurance cover to provide compensation for environmental damage. / Jurisprudence / LL.D.

The study was aimed at furthering the health objectives of the government's Reconstruction and Development Programme (ANC 1994b) in the area of primary health care. . The purpose of the study was to examine the possible reduction of medical scheme claims for cardiovascular disease by means of primary health care, so that medical scheme benefits do not become exhausted so rapidly. The overall outcome of the study showed that if cardiovascular disease could be diagnosed and treated early, the financial benefits could be substantial. This was illustrated by the comparison of primary, secondary and tertiary treatment of cardiovascular disease using case studies over a period of one year. Recommendations centered around nurse-based primary health care for cardiovascular disease and the cost-effective management of the medical scheme. It was concluded that as a result of nurse-based primary health care, costs could be contained so that medical scheme benefits would not become exhausted so rapidly. / Health Studies / M.A. (Nursing Science)