Jacobs and Others v S [2019] ZACC 4 (14 February 2019)

Common law rape — Doctrine of common purpose — instrumentality

Section 177 of the Constitution – removal of judge from office – Judicial Conduct Tribunal finding Judge guilty of gross misconduct – no justification for the Judicial Service Commission (JSC) rejecting the findings and conclusion of the Judicial Conduct Tribunal – matter remitted for it to be dealt with by the JSC in terms of s 20(4) of the Judicial Service Commission Act 9 of 1994

Standing – enforcement of court order – own interest – litigant with judgment in its favour has sufficient own interest to seek enforcement of that judgment and to allege a breach without having to show exceptional circumstances

Res judicata – application – what constitutes same issues – issues will not be res judicata if the previous judgment did not contemplate them

Res inter alios acta – applicability to medical schemes – medical schemes are not indemnity insurers – deductibility of collateral benefits – no rigid rule – deductibility of collateral benefits is determined by considerations of fairness, equity, and policy

Subrogation – application to medical schemes – principle of subrogation is specific to law of insurance and has no automatic application to medical schemes which are not insurers

Medical Schemes Act 131 of 1998 – nature of medical scheme – difference between medical schemes and insurers – insurance law principles not to be automatically transplanted to medical schemes