The High Court in Pretoria has upheld section 59(3) of the Medical Schemes Act (MSA), rejecting a constitutional challenge to the provision that allows medical schemes to recover payments made in error or losses arising from theft, fraud, negligence, or misconduct. The ruling, delivered on 17 June 2026, is the latest development in litigation launched in 2021 over the legal basis for the “clawback” powers used by medical schemes to recoup money …
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