Medico-Legal Analysis
Success of No-Fault Compensation Scheme depends on efficiency of claims process
May 12th, 2021 The extent to which claimants choose to avail themselves of the COVID-19 Vaccine Injury No-Fault Compensation Scheme r rather than litigate will in part be dependent on the cost effective, accessible and timeous claims process and the extent of the...
How the no-fault Compensation Fund for vaccine injury will work
May 5th, 2021 Cover for vaccine injury is vital and the mooted Compensation Fund, although still in the process of finalisation, outlines how this will take place, writes Michael Bagraim, attorney and Democratic Alliance Shadow Minister for Labour, in his Labour...
ConCourt judgment is an opportunity to resurrect Bill on state liability
April 21st, 2021 While the recent Constitutional Court ruling that the courts may order alternative compensation to those injured as a result of medical negligence is sound in principle, legitimate concerns exist about the practical implementation. This is an...Tiger Brands' listeriosis victims in legal limbo for 3 years
Food manufacturer Tiger Brands’ initial transparency and willingness to address legitimate claims by victims of the world's most lethal and larges listeriosis outbreak was short-lived, writes class-action lawyer Thamsanqa Malusi in Daily...UK's Court of Protection can compel a COVID-19 vaccination
The UK's Court of Protection — which has jurisdiction over the property, finances and personal welfare of people who lack mental capacity to make decisions for themselves — can order vaccination despite the objections of a relative. Hywel...
IP and COVID-19 medicines: Why a WTO waiver may not be enough
March 3rd, 2021 The COVID-19 pandemic, and the race to make vaccines and other useful technologies more accessible to people around the world, has once again highlighted the tension between intellectual property (IP) rights and the promotion of public health, write...
Tobacco ban's failure shows the 'painful' limits to forcing social change
February 24th, 2021 The failure of South Africa's tobacco sales ban shows the "painful" limits to forcing social change, writes Stellenbosch University's Prof Willem Boshoff. The overwhelming majority of smokers didn't stop smoking but simply switched to illegal...Govt's alcohol ban was not properly considered, argues SAB
South African Breweries (SAB) has argued that the government’s assertion that its decision to ban the sale of alcohol was taken carefully is without merit. “It quite manifestly was not, in that the government had not commissioned any proper...SA government can and should compel vaccinations — De Vos
Anti-vaxxing beliefs and vaccine hesitancy among a significant number of South Africans may hamper vaccination efforts in this country, writes Prof Pierre de Vos in Daily Maverick. Short of compulsory vaccination, there are less drastic measures...SA has the legal tools to challenge vaccine nationalism - and should use them
“International and national legal frameworks could enable the government to ensure generic COVID-19 vaccines are manufactured locally and in other developing countries, particularly in Africa.” So say Zane Dangor, special adviser to South...IP rights are rights a key, not a curse, to vaccine development
While morally appealing, calls for the suspension of intellectual property (IP) rights on COVID-19 vaccines would be a backward and misguided step, argue Mark Schultz and Philip Stevens on BusinessLIVE. “The rapid development of COVID-19...
Mandatory COVID-19 vaccination policies entail 'considerable legal risk'
January 27th, 2021 Any attempt by an employer to mandate vaccination against COVID-19 as a condition for ongoing employment, aside from the ethical aspects, entails considerable legal risk, writes Jason Whyte, director at Norton Rose Fulbright. Whyte...What proposed Tobacco Bill means for vaping in South Africa
With the Control of Tobacco and Electronic Nicotine Delivery Systems Bill (2018) on the horizon, health organisations and tobacco control lobbyists are failing to acknowledge the benefits of harm reduction products such as electronic vapour...Cannabis Bill flawed by privacy and equality concerns
Despite being a step in the right direction, the Cannabis for Private Purposes Bill “is not holistic in achieving the goal of public health and safety”. “If passed in its current format, it will have long-lasting effects on privacy and...'Emergency medical treatment' and the legal position of COVID patients in ICU
Whether COVID-19 patients in need of extended care in an intensive care unit qualify for ‘emergency medical treatment’ is answered by considering the South African Constitution, the meaning of emergency medical treatment, and whether such...