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Business interruption: pandemic claims in South Africa
Covid-19 test cases are beginning to emerge from common law jurisdictions. There have to date been two decisions from the South African courts, Café Chameleon CC v Guardrisk Insurance Co Ltd  ZAWCHC 65 and Ma-Afrika Hotels (Pty) Ltd and Another v Santam Ltd  ZAWCHC 160. Café Chameleon pre-dated the Divisional Court’s ruling in FCA v Arch Insurance  Lloyd’s Rep IR 572 and was decided on causation grounds.
post-dated the UK decision and adopted much the same reasoning. Two separate judgments were given in Ma-Africa Hotels
, a joint judgment by Goliath DJP and Mantame J, and a judgment by Cloete J which adopted slightly different reasoning but
reached the same conclusions.
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