PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
Dr Terrence Kommal
 
Comments: 11
Article views: 745
 
 
 

RAF debate continues

20 May 2014, 20:30

At the outset I would like to clarify that I am not an attorney but have extensive experiences in medico-legal matters, with post-graduate studies in medical law and medical jurisprudence. I have completed hundreds of medico-legal assessments for both attorneys and the Road Accident Fund.
I have studied the Contingency Fees Act (CFA), and the matter is a simple one. There is no ambiguity possible from a plain reading of the act.

The big dispute that is being pursued in the media today seems to be a fight between, some now well-known law firms, and various claimants who, in some cases are supported by Discovery Health. There has been shifting of focus from the essential legal facts and this has been conveniently shifted to smear campaigns.

The smear campaigns against the claimants seem to be directed at creating the perception that the claimants and Discovery, by providing information to its members and pursing claims, are creating unnecessary disturbance of a working system. I disagree. The medical schemes are entitled to recovery their incurred costs for the treatment of their members, in terms of the Road Accident Fund Act, as amended.

If larger amounts of money are deducted from the claims by the attorneys, the medical schemes get less that they rightfully should.

The legislation that governs the contingency fees is the Contingency Fees Act (CFA). The act has been well known and the prescripts of the act have always been clear. The Act is not open to deviation by specific parties only because someone from has provided an opinion, that deviated from the Act.

The reliance on opinions served merely as guidelines, and not explicit permission to deviate from the law. Clarity could have been sought from the courts, on what the courts finds as allowable ‘interpretation’ of the act. This however, conveniently, was never done, until recently.

The High court, Supreme Court and the Constitutional Court have all clarified that any agreements made outside of the prescripts of the act are illegal. Since the highest courts of the country have clarified this matter, it is now case law, and hence is not open to challenge. With the Act and case law

There are many respectable law firms in South Africa, some of who I do medico-legal assessments for, who clearly work in accordance with the prescripts of the Act. I know that there is large sum of money involved in these claims, and 25% of such settlements seem a more than fair compensation for the legal work done.  

Dr Terrence Kommal CIME, AHMP(Yale), MBChB (Pret), DA (SA), Cert. Med Law (UNISA+UP) Cert Intel. Property (WIPO, Geneva), MRSSAf


Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Journalists in the firing line

Western media has abandoned the integrity that journalists once stood for. Western media is no longer based on truthful , accurate, honest and fair reporting.  Read more...

13 comments 392 views
Submitted by
Lisa MacDonald
Why women cheat

Males and females are wired differently. After all, didn’t we learn 20 plus years ago that men are from Mars and women are from Venus? Read more...

37 comments 6597 views
Let's talk about xenophobia

As a concern SA citizen, one day I sat down and thought of how we treating foreigners in our country. Read more...

16 comments 372 views
Submitted by
Arthur Harding
Crime is not going away

I hate to break it to you but no matter how many times we agree on the matter it’s not going to change a damn thing. Read more...

19 comments 450 views
Submitted by
Sarah Firmin
I want a pet hippopotamus

Just the idea of having a pet hippo fills me with emotions from my distant home. Read more...

14 comments 413 views
Submitted by
Warren Holman
Open letter to Mr Zuma Part two

Mr President, I have not received and answer regarding the first part of my letter..... maybe you don't read News 24, or your data bundle on your 3G card is used up. Read more...

6 comments 1146 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2014 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.