SALRC Publishes Medico-Legal Claims Report and Draft Bills

Posted 29 September 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: Under the South African Law Reform Commission Act, No. 19 of 1973, the South African Law Reform Commission (SALRC) has released its final investigation report on medico-legal claims, proposing statutory intervention via two draft Bills to address escalating delictual claims against the state.

The investigation, initiated in September 2017 following an issue paper commissioned at the request of the Department of Health and the Minister of Justice & Correctional Services, evaluates the systemic impact of medical negligence litigation on public health service delivery. South Africa currently has no dedicated statutory framework regulating claims arising from medical treatment or negligence.

The SALRC report notes that increased assertion of constitutional rights has coincided with a substantial surge in common-law delictual actions against provincial departments of health, resulting in unsustainable contingent liabilities and budgetary diversion away from clinical care.

Proposed Legislative Interventions

To address procedural and financial challenges under the common law, the report tables two draft Bills designed to provide structured dispute resolution and adjust compensation mechanisms:

  • Statutory claims framework: Standardising pre-litigation procedures, case management, and mandatory alternative dispute resolution mechanisms for medical negligence disputes involving organ-of-state healthcare providers.
  • Compensation structures: Revising the lump-sum payment rule for future medical expenses and care, moving towards periodic payments or provision of services in kind to preserve public funds while securing claimant care.

What this means for you, your business, or your clients

  • For yourself: Medical malpractice practitioners and advocates must review the proposed statutory pre-litigation notice rules and dispute resolution pathways, which will alter litigation timelines and procedural strategy.
  • For your business: Legal practices handling personal injury and medical negligence must prepare for structural changes in damages awards, specifically the transition from pure lump-sum settlements to structured periodic payments, directly impacting fee structures and contingency fee agreements under the Contingency Fees Act, No. 66 of 1997.
  • For your clients: Public-sector healthcare institutions face impending requirements to formalise alternative dispute resolution processes, while claimant clients must be advised on altered settlement modalities and procedural pre-conditions before instituting action in court.

Originally published at https://legalacademy.co.za/news/read/law-reform-salrc-publishes-medico-legal-claims-report

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