AC De Sousa Attorneys

AC De Sousa Attorneys AC de Sousa Attorneys are a firm of attorneys specializing in Road Accident Fund matters and Medical Negligence matters.

31/08/2026

A premium on being mentally conscious — or on being alive?

During argument before the Constitutional Court, Acting Justice Ngcukaitobi put it to counsel that the government's argument was "premised on some sort of special recognition of mental awareness, rather than the fact of being alive".

Echoing the second amicus, he suggested this was "reflective of the embedded discrimination against mentally disabled persons, because there's some premium placed on this idea of being mentally conscious, as opposed to putting a premium on the idea of being alive".

The exchange arose during oral argument in a medical negligence appeal before the Constitutional Court and does not represent a final finding of the Court.

Footage reproduced with the kind permission of the Constitutional Court of South Africa.

acdsattorneys.co.za

This post is general information, not legal advice.

A signature is not the same as consent.Most people sign a consent form before a procedure, often in a corridor, often mi...
27/08/2026

A signature is not the same as consent.

Most people sign a consent form before a procedure, often in a corridor, often minutes beforehand. A signature is evidence that something was signed. It is not, on its own, informed consent.

The National Health Act 61 of 2003 says what a health care provider must tell you. Section 6(1) requires that you be informed of your health status; of the range of diagnostic procedures and treatment options generally available to you; of the benefits, risks, aims and consequences generally associated with each option; and of your right to refuse, together with the implications and risks of refusing.

Section 6(2) adds something that matters a great deal in practice: this must be done, where possible, in a language you understand and in a manner that takes account of your level of literacy.

Section 7 then provides that a health service may not be provided without your informed consent, subject to limited exceptions, such as where a delay might result in death or irreversible harm to your health and you have not refused the service.

None of this means that every disappointing outcome is negligence. Medicine carries real risk even when it is practised well. But being told about that risk, in a way you could understand, before you agreed to it, is a right and not a courtesy.

If you or a family member went into a procedure without ever being given that choice, it is worth asking about.

A C de Sousa Attorneys — medical negligence and personal injury, Durban.
0860 33 33 55 · https://acdsattorneys.co.za

This post is general information, not legal advice.

Two years — or three?If you have been injured in a road accident, there is a deadline on your claim against the Road Acc...
10/08/2026

Two years — or three?

If you have been injured in a road accident, there is a deadline on your claim against the Road Accident Fund. It is not the same for everyone and it starts running from the day the accident happens.

Where the driver or the owner of the vehicle can be identified, the claim prescribes three years from the date the cause of action arose, so the claim must be lodged within that period (section 23(1) of the Road Accident Fund Act 56 of 1996).

Where neither the driver nor the owner can be identified (a hit and run), you have only two years (regulation 2(1)(a) and (b) of the RAF Regulations, 2008). A full year less, and it is the period most people are unaware of.

The clock generally starts from the date of the accident and once the period has expired, the claim cannot be revived, however serious the injury.

There are limited exceptions. Most importantly, these time limits do not run against a child in the ordinary way, whether or not the driver was identified. If a child was injured, take advice rather than assuming the claim is lost.

Every matter turns on its own facts. If you are unsure which period applies to you, it costs nothing to ask early. It can cost everything to ask late.

A C de Sousa Attorneys — personal injury and RAF claims, Durban.
0860 33 33 55 · acdsattorneys.co.za

This post is general information, not legal advice.

What does it actually cost to prove a personal injury claim — and what happens to the money when you win?Every serious H...
29/07/2026

What does it actually cost to prove a personal injury claim — and what happens to the money when you win?

Every serious High Court claim is built on evidence that must be paid for: specialist medico-legal reports, an actuary, counsel, court fees. These are disbursements — and we believe a client should understand every line of an account before a claim is finalised.

Our new article explains:
🔹 What disbursements are, and who funds them while the case runs
🔹 What a costs order really recovers from the other side
🔹 Why a gap can remain — and the protections that apply
🔹 The questions every client should ask before signing with any firm

📖 Read the full article: https://acdsattorneys.co.za/fees-disbursements-and-recovered-costs-how-the-money-works-when-your-claim-succeeds/

This post is general information, not legal advice.

When a medical negligence claim brought for a child succeeds, the court will almost always order that the award be prote...
29/07/2026

When a medical negligence claim brought for a child succeeds, the court will almost always order that the award be protected — usually through a trust.

For many parents this comes as a surprise, and sometimes as real distress: "I fought this case for my child. Why can't the money be paid to me?"

The answer is not about mistrust of any parent. It is about protecting a once-off award that must fund a lifetime of care.

Our new article explains, in plain language:
🔹 Whose money the award really is
🔹 Why the court insists on protection in every case
🔹 What a court-ordered trust means for the family, day to day

📖 Read the full article: https://acdsattorneys.co.za/why-the-court-orders-a-trust-when-a-child-is-awarded-damages-for-medical-negligence/

This post is general information, not legal advice.

Medical negligence is when treatment received from a doctor, nurse or hospital, whether public or private, causes injury...
20/07/2026

Medical negligence is when treatment received from a doctor, nurse or hospital, whether public or private, causes injury or harm that proper care would have prevented. It can take many forms: a missed or delayed diagnosis, a surgical error, a medication mistake, a birth injury, or a failure to act in time.

Not every poor outcome is negligence. Medicine carries risk, and some complications occur even with good care. The legal question is whether the treatment fell below the standard reasonably expected of the practitioner or hospital concerned, and whether that caused the injury.

If you believe treatment has left you or a family member injured or worse off, a few early steps protect your position. Request your complete medical records (you are entitled to them), write down the sequence of events with dates while it is fresh, and keep every account and prescription. Time limits are strict. Claims generally prescribe after three years, and claims against state hospitals require written notice within six months.

If you have concerns about treatment you or a family member received, we can assess whether there is a claim worth investigating. Call 0860 33 33 55, message the page, or visit acdsattorneys.co.za. A C De Sousa Attorneys, specialist personal injury litigation since 2004.

One team, one season, all of us behind them. 🇿🇦 AC de Sousa Attorneys proudly supports the Springboks through the 2026 N...
06/07/2026

One team, one season, all of us behind them. 🇿🇦 AC de Sousa Attorneys proudly supports the Springboks through the 2026 Nations Championship and beyond. Go well, Bokke!

A question we are often asked: "The driver who hit me drove off and was never traced — do I have any claim at all?"The a...
25/06/2026

A question we are often asked: "The driver who hit me drove off and was never traced — do I have any claim at all?"

The answer is usually yes. Where neither the driver nor the owner of the other vehicle can be identified, you may still lodge a claim with the Road Accident Fund. These are commonly known as hit-and-run or "unidentified vehicle" claims.

There is an important difference to be aware of. An unidentified-vehicle claim must be lodged within two years of the date of the accident, and that deadline is strict. Supporting evidence also matters: report the accident to SAPS, keep the case number, and hold on to any witness details and medical records.

If you or a family member were injured by a vehicle that left the scene, we are happy to look at where you stand. Call 0860 33 33 55 or visit acdsattorneys.co.za. A C De Sousa Attorneys — specialist personal injury litigation since 2004.

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