The South African Medico Legal Society

Dear Colleagues and Friends

We really had an interesting seminar on 05 October 2002 about Expert Witness – Expert Opinion. As Society we sincerely want to thank our distinguished speakers for their presentations. For the medical and legal practitioners this was in the true sense of the word continued education of an essential part of their practice. If you missed it, you really missed something! CPD certificates have been posted to those who attended.

The next seminar in March 2003 will about the medical and legal aspect of Informed Consent. As Exco of our Society we will try to organise a truly worthwhile meeting with speakers well informed and with updated knowledge. For medical practitioners 4 CPD points can be earned, which for a pleasant Saturday morning is not too bad.

Our own designed ties and scarves were well received at the seminar in October. Our invited speakers were proud to receive one and Judge Bertelsmann even replaced his own tie there and then with the presented SAMLS tie. All members are entitled to one of two designs, while the other one can be bought. To look at the designs, please go to our website www.samls.co.za.

The committee Report about Medico Legal Reports has been available on our website as well. Comments can still be sent to our e-mail address medlegcl@mweb.co.za. All inputs will be evaluated and a preliminary point of view representing the SAMLS will be presented. After a certain period of time the proposed point of view will be held as representing the SAMLS point of view, unless circumstances demand a special meeting about this subject. This point of view of our Society about remuneration and format of medico legal reports will then be presented to the Road Accident Fund, the Compensation Commissioner, the big Insurance Companies, the representing body of Personal Injury Lawyers and the representatives of the Bars of South Africa.

We welcome all our new members. A detailed list with members and all their particulars is available on our website. With this list our Society wants to promote to make use of the member’s specialised knowledge and to provide contact details. With this list our Society wants to pool all the available experts in particular fields for everyone to pick one to his likening. What a tremendous opportunity the electronic media offers in this respect to just go to the Internet from any place, any time and get the information one wants.

Judge Bertelsmann made an interesting point at our seminar about the possibility of our Society members being assessors in court cases about medico legal matters. The question was asked of him with reference to an article of Prof S.S. Nel of the Department of Criminal and Procedural Law of the University of the Pretoria in De Jure, Volume 1 of 2002, (page 65 – 91). This article deals with the evaluation system of assessors used in Magistrates Courts. It was Judge Bertelsmann opinion that the Judge President of the Transvaal could be approached about this matter. If members of our Society with both specialised medical and judicial experience would want to volunteer on a list to be available to the courts, the judicial system could possibly be served with more expedient justice and fairness.

This in fact is the principle of specialised courts. The idea of specialised medico-legal courts is for that matter not too far-fetched.

A few selection criteria mentioned by Prof Nel about assessors in Magistrate Courts could be applicable in the High Courts as well. The assessor should be an active and respected member of his medical community, with knowledge and understanding of his specialised field. The assessor should not be too young in his field with the appropriate training and experience, although not necessarily strictly representative of the community in every aspect. An ideal candidate should have a law qualification as well, but not necessary so. Members of the SAMLS however, are usually medical specialists in their own field with experience in the medico-legal field. The purpose of appointing an assessor should therefore also be to render specialised services to the judiciary to come to a better understanding and to assist the presiding officer in his just and fair judgement.

A code of conduct for assessors should be adhered to and a clear procedure to remove or recuse an assessor should be in place. Grounds for recusion being a personal interest, a conflict of interest and a presumption of prejudice. A training course for assessors should also take place. Volunteering and rendering a pro bono service could initially solve the question of remuneration. We will keep you in touch, especially the ones who are interested to render such a service.

The next Exco will be on 17 January 2003. A possible venue for the annual meeting with the election of the new Executive Committee will be discussed. An annual meeting over a weekend at a comfortable conference centre will be proposed to you. To socialise in the evening, not being in a hurry would certainly enhance the already excellent spirit amongst our members.

Last but not least, it is my pleasure to wish all our members and friends a truly nice summer holiday and a blessed Christmas celebration and a happy and prosperous new year.

Your president

DR & ADV ANTON H VAN DEN BOUT

EXCO MEMBERS:- Mr Jan van Rooyen - Vice President

Dr. Dave Barnes - Secretary

Dr. Henny Pienaar – Treasurer

Prof Pieter Carstens – Member