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LAW REFORM: SALRC PUBLISHES MEDICO-LEGAL CLAIMS INVESTIGATION REPORT
- 29 September 2026
- Justice & Constitutional Development
- SA Legal Academy
The South African Law Reform Commission (SALRC) has published a report outlining findings and recommendations emerging from its investigation into medico-legal claims – focusing on those against the state. Launched in September 2017 with the release of an issue paper, the investigation was included in the SALRC’s research programme at the request of the Department of Health and then Minister of Justice & Correctional Services, Michael Masutha.
According to an accompanying media statement, increased awareness of constitutionally enshrined individual rights has led – among other things – to ‘a huge escalation in delictual claims based on medical negligence’. In the context of medico legal litigation against the state, this is ‘adversely and prejudicially impacting … on service delivery in the public health sector’.
As things now stand, South Africa has no legislation specifically addressing legal claims in the medical field.
Against that backdrop, the report includes two draft Bills:
- a draft Redress for Medical Negligence Claims against State Bill, and
- a Medico-Legal Litigation against State Bill.
Please click the links below for more information:
Published by SA Legal Academy Policy Watch
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