Siya Mathe

Associate
Norton Rose Fulbright South Africa Inc

M:+27 66 306 3858

Durban
South Africa
T:+27 31 582 5805
Durban
South Africa
T:+27 31 582 5805

M:+27 66 306 3858

Siya Mathe

Siya Mathe

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Biography

Siyabonga is an insurance and commercial litigation lawyer with a particular interest in contractual disputes; public liability claims, professional indemnity, personal injury disputes, as well as general insurance claims, cover disputes and consumer protection.

Siyabonga has advised and defended clients on a broad spectrum of medical malpractice claims matters. His experience in this regard includes acting for South African private hospital groups and their insurers; and the provincial departments of health in KwaZulu-Natal, Northern Cape and the Eastern Cape.

Siyabonga's professional indemnity experience includes acting for doctors, lawyers, auditors and accountants, insurance brokers, engineers and quantity surveyors and their professional indemnity insurers.


Professional experience

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Bachelor of Laws (LLB) (cum laude), University of KwaZulu-Natal, 2017

·Siyabonga is one of the lawyers of the Norton Rose Fulbright South Africa team acting on behalf of a provincial Department of Health in South Africa in respect of defending medical negligence claims which exceed ZAR8 billion in total value.

·Siyabonga is one of the lawyers of the Norton Rose Fulbright South Africa team acting on behalf of two provincial Departments of Health in South Africa in respect of defending medical negligence claims which exceed ZAR4 billion in total value.

·Siyabonga has assisted as a junior lawyer in defending claims instituted against private hospital groups in South Africa and their insurers.

·Mathe, S. & Bracher, P. (2020, November 23) – 'Provincial MEC not liable for child injured by swing in the private school playground – delictual liability for breach of statute' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/11/provincial-mec-not-liable-for-child-injured-by-swing-in-the-private-school-playground-delictual-liability-for-breach-of-statute/.

·Pillay, D. & Mathe, S. (2020, November 16) – 'When does a healthcare practitioner's claim for damages for malicious HPCSA proceedings prescribe?' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/11/when-does-a-healthcare-practitioners-claim-for-damages-for-malicious-hpcsa-proceedings-prescribe/.

·Mathe, S (2020, August) – 'Doctors must act in accordance with a reasonable and respected body of medical opinion'. Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/08/doctors-must-act-in-accordance-with-a-reasonable-and-respected-body-of-medical-opinion/.

·Mathe, S. & Allen, R. (2020, July 2) – 'Courts will rarely refuse to enforce contracts on grounds of public policy' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/07/courts-will-rarely-refuse-to-enforce-contracts-on-grounds-of-public-policy/.

·Mathe, S. (2020, June 25) – 'Refund of overpayment of insurance benefit because error was excusable'. FAnews https://www.fanews.co.za/article/legal-affairs/10/general/1120/refund-of-overpayment-of-insurance-benefit-because-error-was-excusable/2944.

·Mathe S. (2020, June 24) – 'Refund of overpayment of insurance benefit because error was excusable' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/06/refund-of-overpayment-of-insurance-benefit-because-error-was-excusable/ .

·Mathe, S. (2020, June 3) – 'Cancellation for breach of contract: 10 things to know' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/06/cancellation-for-breach-of-contract-10-things-to-know/.

·Mathe, S. (2020, May 12) – 'An arbitrator's notes are irrelevant and not part of the record on review' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/05/an-arbitrators-notes-are-irrelevant-and-not-part-of-the-record-on-review/.

·Mathe, S. (2020, May 3) – 'The State's good name is incapable of being defamed: South African government loses a bid to interdict publication of 'defamatory' material' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/05/the-states-good-name-is-incapable-of-being-defamed-south-african-government-loses-a-bid-to-interdict-publication-of-defamatory-material/.

·Mathe, S (2020, April 28) – 'Keep calm and litigate: court orders virtual trial during COVID-19 (Australia)' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/04/keep-calm-and-litigate-court-orders-virtual-trial-during-covid-19-australia/.

·Mathe, S (2020, April 22) – 'Service of summons on one surety does not interrupt running of prescription for other sureties' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/04/service-of-summons-on-one-surety-does-not-interrupt-running-of-prescription-for-other-sureties/.

·Mathe, S (2020, April 21) – 'Evidence relating to a contract: contradicting versus interpreting the terms' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/04/evidence-relating-to-a-contract-contradicting-versus-interpreting-the-terms/.

·Mathe, S (2020, April 14) – 'Enforceability of a clause excluding liability for negligence' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2020/04/enforceability-of-a-clause-excluding-liability-for-negligence/.

·Mathe, S. (2020, March 30) – 'Impossibility may be no defence if performance overdue (COVID-19)' Financial Institutions Legal Snapshot' https://www.financialinstitutionslegalsnapshot.com/2020/03/impossibility-may-be-no-defence-if-performance-overdue-covid-19/.

·Mathe, S. (2020, February 18) 'Professional negligence… caution for advisers' FAnews https://www.fanews.co.za/article/intermediaries-brokers/7/general/1227/professional-negligence-caution-for-advisers/28316.

·Mathe, S. (2020). Cancellation of a mortgage bond does not alter the prescription period from 30 to 3 years: prescription law. Without Prejudice20(1), 23-24.

·Mathe, S (2019, November 28). 'Constitutional values of ubuntu and fairness are not the basis for the courts' interference with contractual relationships'. Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2019/11/constitutional-values-of-ubuntu-and-fairness-are-not-the-basis-for-the-courts-interference-with-contractual-relationships/.

·Mathe, S. (2019, November 22). 'Valuation of stock at year end: time-based write-down not enough' Financial Institutions Legal Snapshot https://www.financialinstitutionslegalsnapshot.com/2019/11/valuation-of-stock-at-year-end-time-based-write-down-not-enough/.

·Mathe, S. (2018). Who bears the costs of producing documents subpoenaed duces tecum?: the law. Without Prejudice18(4), 38-39.

·Mathe S. (2018). Dispassionate appointment of the NDPP. De Rebus, 39.