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Daleen Millard

Dean

LLD (Johannesburg), B Iuris, LLB & LLM (Pretoria)
Prof. Daleen Millard obtained the LLD degree from the University of Johannesburg in 2006. She also obtained the degrees B Iuris (1994), LLB (1997) and LLM (1999) from the University of Pretoria and a diploma in Insolvency Law from the Association of Insolvency Law Practitioners.

After starting her career as an administrative clerk in the Department of Justice in 1991, she proceeded to work as a claims handler at the Multilateral Motor Vehicle Accident Fund (as it then was). She started her academic career with Vista University, Mamelodi and was then appointed as senior lecturer in the Department of Mercantile Law, University of Pretoria. She was employed as a professor of law in the Department of Private Law, University of Johannesburg for thirteen years where she specialized in tort law, law of contract and insurance law.

Daleen presented several papers at international and national conferences and authored several journal articles. She is the author of the student text Modern Insurance Law in South Africa (Juta, Cape Town) and the co-author of The FAIS Act Explained (LexisNexis Butterworths, Durban) with Wendy Hattingh. Daleen further authors two quarterly publications, namely Juta’s Insurance Law Bulletin and the chapter on insurance for Juta’s Quarterly. She has recently created an online platform called the “TCF Integrator”, which is aimed at assisting short-term insurers with their onerous compliance duties.

Daleen had also practiced as an advocate and had been a full member of the Pretoria Society of Advocates.

Daleen Millard
Contact

Office: OM4623
Email: dmillard@tru.ca
Phone: 250-828-5169

 Articles
  1. Myburgh P and Van der Nest D “Social security aspects of accident compensation: COIDA and RAF as examples” 2000 Law, Democracy and Development 43-60.
  2. Lötz D J en van der Nest D “Verborge Gebreke: die Handelaar, die Fabrikant en Siener van Rensburg” 2001 De Jure 219-246.
  3. Lötz DJ en van der Nest D “Aanspreeklikheid vir Verborge Gebreke in die Engelse en Kanadese reg.” 2001 de Jure 515-533.
  4. Nienaber A G and van der Nest D “The Good, The Bad and the Ugly: Contingency deductions for remarriage in the light of Ongevallekomssaris v Santam” 2001
  5. Nienaber A G and Van der Nest D “An exploration of the impact of a claimant’s HIV/AIDS status on a personal injury claim” 2002 Tydskrif vir die Suid-Afrikaanse Reg 290-307.
  6. Nienaber AG and Van der Nest D “Genetic Testing for the Purpose of Insurance Risk Assessment and the Constitutional Right to Privacy.” 2004 Tydskrif vir Hedendaagse Romeins-Hollandse reg 446-461.
  7. Smit N and Van der Nest D “The Satchwell Report: an Analysis of and Comment on the findings of the Road Accident Fund Commission” (2003) Tydskrif vir die Suid-Afrikaanse Reg 677 – 703.
  8. Smit N and Van der Nest D “When Sisters are doing it for Themselves: Sexual Harassment Claims in the Workplace” (2004) Tydskrif vir die Suid-Afrikaanse Reg 520-543.
  9. Nienaber AG en Van der Nest D “Actuarial Science v Equity: Contingency Deductions for Future Loss of Earnings and the HIV/AIDS Pandemic “ 2005 Tydskrif vir Hedendaagse Romeins-Hollandse Reg 546-561.
  10. Millard D “Corporate Social Responsibility in the Insurance Industry: A South African Perspective with a focus on disability insurance.” 2005 De Jure 223-238.
  11. Millard D “Models to assess personal injury: lessons from Norwegian law? 2006 4 TSAR 690-704.
  12. Millard D “Loss of earning capacity: The difference between the sum – formula approach and the ‘some - how- or- other’ approach” 2007 (1) Law, Democracy and Development 15-31.
  13. Millard D “Informal Social Security and the Self-employed: The Case for including the Self- Employed in Social protection Structures” 2007 (2) De Jure 236-256.
  14. Millard D “Migration and the Portability of Social Security Benefits: The Position of Non-citizens in SADC” 2008 8 African Human Rights Law Journal 37-59.
  15. Millard D and Smit N “Employees, occupational injuries and the Road Accident Fund - Road Accident Fund v Monjane [2007] SCA 57 RSA 2008 (4) TSAR 596-604.
  16. Millard D “Extended damage: A Comparison of South African and Belgian Law” 2009 (1) De Jure 48 – 68.
  17. Millard, D 2009 “Protecting Dependants against the Effects of Occupational Hazards: Extended Damage in South African and Belgian Law” 47- 65 International Social Security and Workers Compensation Journal (Online Journal), 2009.
  18. Millard, D. 2009 “The Missing Link: Collateral Benefits, Law of Damage and Social Security law: A marriage of true minds?” pp 101 – 120 15 pages) in Challenges of the Law in a Permeable World, Edited by David A. Frenkel and Carsten Gerner-Beuerle 2009, ATINER – Athens Institute for Education and Research (ISBN: 978-960-6672-53-8).
  19. Millard, D. 2010 “For whom the bell tolls... Interplay between law of delict and social security law in three modern compensation systems.” 532-557 in TSAR 2010 (3) TSAR.
  20. Mpedi, LG & Millard, D 2010. “Bridging the Gap: The Role of Micro-Insurance in a Comprehensive Social Protection System in South Africa”, 2010 (3) Obiter 497 – 517.
  21. Millard D 2010. “Analysing Some Key Challenges you will Face When Entering the Micro Insurance Market” ILTC Conference , ISBN no 978-87-991395-8-6.
  22. Steynberg L and Millard D “Distinguishing Between Private Law and Social Security Law in Deducting Social Grants from Claims for Loss of Support” (2011) PELJ (14) 4.
  23. Millard D “Bespoke Justice? On Financial Ombudsmen, Rules And Principles” De Jure (2011).
  24. Millard D and Botha MM “Something’s Got to Give: The Future of Financial Advisors and Intermediaries as Employees” Journal of Contemporary Roman-Dutch Law, Vol. 75,
    25. p. 41-64, 2012.
  25. Millard D “Harnessing the informal economy: Some reflections on National Treasury’s Policy Document on the South African Microinsurance Regulatory Framework” Journal of Contemporary Roman-Dutch Law, Vol. 76, 2012.
  26. Millard D “So Much Owed by so Many to so Few: How the Financial Advisory and Intermediaries Act 37 of 2002 addresses “Conflict of Interest” Obiter vol 1 2012.
  27. Millard D and Botha MM “The Past, Present and Future of Vicarious Liability in South Africa” De Jure vol 2 2012.
  28. Millard D “Hello, Popi? On cold calling, financial intermediaries and advisors and the Protection of Personal Information Bill” Journal of Contemporary Roman-Dutch Law.
  29. Millard D and Vergano V “Hung out to dry? Attorney-client confidentiality and the reporting duties imposed by the Financial Intelligence Centre Act 38 of 2001” Obiter 2013.
  30. Millard D and Botha MM The buck stops…where, exactly? On outsourcing and liability towards third parties” Obiter 2013.
  31. Kuschke B and Millard D Insurance Law (South African Chapter) in Cousy H (ed) Insurance Law in International Encyclopedia of Laws Wolters Kluwer, 2014 (updated in 2017, published as a monograph in 2018).
  32. Millard D “Through the looking glass: Fairness in Insurance contracts – A caucus race? Journal of Contemporary Roman-Dutch Law (2015) 547-566.
  33. Millard, D and Joubert, Y “Bitter and twisted? On personal injury claims, predatory fees and access to justice” 2015 2 Obiter.
  34. Millard, D “Insurance” in Annual Survey of South African Law (2015) (Juta, Cape Town).
  35. Millard, D P K Harikasun v New National Assurance Company Ltd (Unreported case High Court, KwaZulu Natal nr 190/2008 of 12 December 2013) Of red herrings, sardines and insurance fraud: Something’s fishy! 2016 De Jure.
  36. Millard D and Bascerano E “Employers’ statutory vicarious liability in terms of the Protection of Personal Information Act” PER 2016 vol 19
  37. Millard D and Maholo J Treating customers fairly: a new name for existing principles? Journal of Contemporary Roman-Dutch Law, Vol. 79, p. 594-613, Nov. 2016.
  38. Millard D The impact of the twin peaks model on the insurance industry Millard D PER / PELJ 2016 (19).
  39. Millard, D “Insurance” in Annual Survey of South African Law (2014) (Juta, Cape Town).
  40. Millard, D “Insurance” in Annual Survey of South African Law (2015) (Juta, Cape Town).
  41. Millard, D “Insurance” in Annual Survey of South African Law (2016) (Juta, Cape Town).
  42. Millard, D The Quest for fairness in the rendering of financial advice and intermediary services in light of the Retail Distribution Review Hugo C & Möllers T.M.J (eds.) Transnational Impacts on Law: Perspectives from South Africa and Germany
  43. Millard, D “Insurance” in Annual Survey of South African Law (2017) (Juta, Cape Town)
  44. Millard, D “CoFI and T(CF): Further along the road to Twin Peaks and a fair insurance industry” Journal for Contemporary Roman-Dutch Law (2018)
 Book Chapters
  1. Olivier et al Social Security Law: General Principles 1999 Butterworths (Chapter 11 with Smit and Myburgh: “Employment Injuries, Diseases and Motor Vehicle Accidents 307-404).
  2. Olivier et al Social Security: a Legal Analysis 2003 LexisNexis Butterworths (Chapter 16: Motor Vehicle Accidents 501-514).
  3. Olivier et al Introduction to Social Security 2004 LexisNexis Butterworths (Chapter 21: Motor Vehicle Accidents 377-387).
  4. Millard D “Disability Provisioning in South Africa: Towards a normative framework and some lessons from Norway: in Olivier M & Kuhnle S (Eds) Norms and Institutional Design: Social Security in Norway and South Africa African Sun Media, Stellenbosch, 2008 (266-278).
  5. Millard D “The Portability of Social Security Benefits: The Position of Non-Citizens in South Africa and the southern African Development Community” in Becker U & Olivier MP (eds) Access to Social Security for Non-citizens and Informal Sector Workers: An International, South African and German Perspective African Sun Media, Stellenbosch, 2008 (205-221).
  6. Hattingh and Millard The FAIS ACT Explained (2010) LexisNexis, Butterworths (electronic update, 2013.
  7. Millard Modern Insurance Law (2013) Juta, Cape Town.
  8. Hattingh and Millard FAIS Multilingual Glossary (2013) LexisNexis, Butterworths (published electronically as a mobi-site).
  9. Millard and Hattingh The FAIS ACT Explained (2016) LexisNexis, Butterworths.
  10. Bernauw, K, Roux, S and Millard, D “Micro-verzekering: naar een inclusiewe verzekeringsmarkt? Tijdschrift voor Verzekeringen, 2018 Wolters Kluwer.
  11. Kuschke B and Millard D “Transparency in South Africa” in Noussia K and Marano P Transparency in Insurance Law Vol I and II (to be published in 2019).
  12. Millard, D Treating Customers Fairly for Short-term Insurers: an Integrated Guide Juta, Cape Town (to be published in 2019).
  13. Grove, Kuschke and Millard Reinecke, van Biekerk and Nienaber’s South African Insurance Law (to be published in 2020)
 Conferences
  1. “Latent defects in the South African law” Law Teacher’s Conference, Durban, June 1999
  2. “Contingency deductions for remarriage in the light of Ongevallekomssaris v Santam” Equality Conference, Cape Town.
  3. “Is there such a thing as a ‘latent defect’ in human beings? The effect of misrepresentation in sports contracts” Conference on Sports and the law, Johannesburg
  4. “The Satchwell report: an analysis of and comment on the findings of the Road Accident Fund Commission” Law Teacher’s Conference, Namibia.
  5. “Insurance and Road Accident Fund” Annual Banking Law Update, University of Johannesburg, April 2009.
  6. “Interplay between law of delict and social security law in three modern compensation systems.” Law teachers’ Conference, Pietermaritzburg, July 2009.
  7. “Bridging the gap: The role of micro-insurance in a comprehensive soical protection system in South Africa” presented by Letlhokwa George Mpedi and Daleen Millard presented at the Universities of the Western and Eastern Cape Seventh Annual Law Conference 18 – 19 January 2010, Port Elizabeth.
  8. “Insurance and Road Accident Fund” Annual Banking Law Update, University of Johannesburg, 21 April 2010.
  9. “The constitutionality of the Road Accident Fund Amendment Act 19 of 2005: An analysis of Law Society of South Africa and Others v The Minister of Transport and the Road Accident Fund (case number 10654/09, NGHC) Faculty seminar on 17 August 2010.
  10. “Analysing key challenges you will face when entering the Microinsurance Market: Overview of the current legislative framework.” Microinsurance Masterclass, International Institute for Research on 24 August 2010.
  11. “Double dipping v collateral benefits: when public and private law collide.” Presented at a Symposium on double dipping in the South African Social Security System hosted by CICLASS, University of Johannesburg, 30 August 2010
  12. “How to prepare for the FAIS exam” INSETA Stakeholder Breakfast Seminar Hyatt, Sandton 26 November 2010, 18 March 2011 in Durban and 25 March 2011 in Cape Town
  13. “So much owed by so many to so few: How the Financial Advisory and Intermediaries Act addresses “Conflict of Interest”. Presented at the Law Teachers’ Conference, Stellenbosch, 19 January 2011.
  14. “The FAIS Act explained”, a seminar for the IIG/IISA as part of their series of educations seminars at the FNB Training Centre, Sandton, 26 January 2011.
  15. Faculty seminar on Mvumvu and Others v Minister of Transport and Another [2011] ZACC 1, 17 February 2011.
  16. INSETA Stakeholder Breakfast Seminar at the Elangeni Hotel, Durban: “How to prepare for the RE Exams: Some guidelines” as well as a book signing of The FAIS Act Explained, 18 February 2011.
  17. INSETA Stakeholder Breakfast Seminar at the Commodore Hotel, Cape Town: “How to prepare for the RE Exams: Some guidelines” as well as a book signing of The FAIS Act Explained, 26 February 2011.
  18. “The FAIS Act explained”, a seminar presented for the Insurance Institute of the East Rand at the Benoni Country Club, Benoni, 8 March 2011.
  19. “Law of Third Party Compensation and Insurance Law” presented at the Annual Banking Law Update, Indaba Hotel, Sandton, 4 May 2011.
  20. “The FAIS Act explained”, a seminar presented for the Gauteng Insurance Institute, Pretoria Golf Club, Pretoria, 21 May 2011.
  21. “Delictual liability for Financial Regulators: Foreign twaddle or formidable remedy?” Faculty seminar presented at the University of Johannesburg, 25 April 2012.
  22. Annual Banking Law Update, University of Johannesburg, Indaba Hotel, Sandton, 23 May 2012.
  23. Again! Res inter alios acta and the recent ruling in Road Accident Fund v Lechner [2011] ZASCA 240, Annual Law Teachers’ Conference, Nelson Mandela Metropolitan University, Port Elizabeth, 13 July 2012.
  24. Permanent impairment, road accident victims and the “AMA Guides”: adding insult to injury? Conference on Private Law and Social Justice 2012, Nelson Mandela Metropolitan University, Port Elizabeth, 21 August 2012.
  25. “The Financial Advisory and Intermediary Services (FAIS) Act and the proposed Microinsurance Act”, The Wanderers Club, Illovo, Johannesburg Institute for International Research Third Annual Microinsurance Conference, 22-24 January 2013.
  26. “Law of third party compensation, insurance and the FAIS Act”, University of Johannesburg Annual Banking Law Update Indaba Hotel, Sandton, Johannesburg, 17 April 2013.
  27. “Ensuring that your policy wording is reasonable and compliant with TCF”, Institute for International Research Insurance Regulation Conference, The Hyatt Hotel, Rosebank, Johannesburg, 25 April 2013.
  28. “A few more arrows in the Registrar’s quiver? A critical look at the latest amendments to the Financial Advisory and Intermediaries Act 37 of 2002”. Law Faculty, University of Johannesburg, 22 May 2013.
  29. Consumer Protection Act, Medical Schemes Act and the Health Insurance Industry Trade conferences International Medical Aid and Insurance Conference, 7-8 August 2013.
  30. “Through the looking glass: Fairness in insurance contracts - a caucus race?” Inaugural Address, Professorial inauguration, University of Johannesburg, 10 September 2013.
  31. Hello, Popi? on Cold Calling, Financial Intermediaries and Advisors and the Protection of Personal Information Bill Conference on Private Law and Social Justice 2012, Nelson Mandela Metropolitan University, Port Elizabeth, 19-20 August 2013
  32. Of red herrings, sardines and insurance fraud: Something’s fishy in P K Harikasun v New National Assurance Company Ltd (Unreported case High Court, KwaZulu Natal nr 190/2008 of 12 December 2013), Faculty seminar, University of Johannesburg, 6 May 2014.
  33. The new RABS system, seminar for the Regslui vir Afrikaans, Pretoria, 13 May 2014.
  34. An overview of contingency fees for personal injury cases in the light of Justin John Bitter N.O v Ronald Bobroff & Partners Inc and the Road Accident Fund, Private Law and Social Justice 2014, Port Elizabeth, 18-19 August 2014.
  35. Is good advice rarer than rubies? Of onerous clauses, insurance contracts and fairness Private Law and Social Justice 2014, Port Elizabeth, 22-23 August 2015
  36. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Pretoria, 17 February 2017
  37. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Pretoria, 17 February 2017
  38. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Johannesburg, 25 October 2017
  39. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Bellville, 27 October 2017
  40. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Pretoria, 28 March 2018
  41. Fairness, equity and insurance law Santam seminar on Equity and Insurance Law, Pretoria, 9 May 2018
  42. Utmost good faith is dead, long live utmost good faith? A historical overview of marine insurance in England and South Africa (Co-authored with Samantha Huneberg) Presented at the NMU/UJ engagement, 23-24 August 2018.
  43. “Actuarial Science v Equity: Contingency Deductions for Future Loss of Earnings and the HIV/AIDS Pandemic” International Conference on Constitutional Law, Santiago de Chile
  44. “Disability: a South African Perspective” Social Security Conference in Bergen, Norway.
  45. “Disability: Shortcomings in the South African System” Social Security Conference with Norwegian counterparts, Cape Town.
  46. “Corporate social responsibility and insurance: a South African Perspective” International Conference on Corporate Social Responsibility, Udaipur, India.
  47. “Sexual harassment in the Workplace: A South African Perspective” Gender, work and Organisation: Fourth International Interdisciplinary Conference, Keele, United Kingdom.
  48. “Human damage, disability and testing models: can South Africa learn something from Norway?” SA/Norway Research Project Colloquim held at Johannesburg.
  49. “Informal Social Security and the Self-employed: The Case for including the Self-Employed in Social protection Structures” 4th IIRA African Regional Congress held at Mauritius.
  50. “Access to social security for non-citizens and informal sector workers” Max Planck Institute for Foreign and Comparative Social Law, Munich Germany and Centre for International and Comparative Labour Law and Social Security Law seminar held at Johannesburg.
  51. “Protecting communities against the effects of occupational hazards: Extended damages in South African and Belgian law” 8Th International Work Congress on Work Injury Prevention, Rehabilitation and Compensation held at Durban.
  52. “The Missing Link: Collateral benefits, Law of Damages and Social Security Law: A Marriage of True Minds?” Athens Institute for Education and Research 5th International Conference on law, 17-20 July 2008, Athens, Greece.
  53. Millard, D “Financial service providers, clients and disputes; a plea for greater awareness of alternative dispute resolution mechanisms” International Conference on Practising Law, 15-16 July 2010, London, United Kingdom.
  54. Millard, D “Analysing key challenges you will face when entering the Microinsurance Market: A South African Perspective.” ILTC Conference, 2- 5 November, Barcelona, Spain.
  55. Athens Institute for Education and Research 8th International Conference on law held in Athens, Greece “Permanent Impairment, Road Accident Victims and the “AMA Guides”: Going Out on a Limb?” 18-21 July, Athens, Greece.
  56. The 6th International Conference on Legal, Security and Privacy Issues in IT, 2nd Intl. Conference on Private Law and the 5th International Law and Trade Conference and 1st Public Law Conference held at Nicosia, Cyprus Joint paper with Botha, MM “Something’s got to give: The Future of Financial Advisors and Intermediaries as Employees. 19-22 September 2011.
  57. The role of alternative dispute resolution systems in the financial services industry Seminar at Beijing Normal University, interaction between UJ and Beijing Normal University, Wednesday 6 June 2012.
  58. On duty! Or not? The past, present and future of vicarious liability in South Africa (with MM Botha) ILTC Conference Athens, Greece Tuesday 2 October.
  59. Financial intermediaries and advisors and the Protection of Personal Information Bill, Faculty Seminar, Law School, Deakin University, Geelong, Australia, Wednesday 26 June.
  60. Microinsurance and consumer protection: Can the principles of micrioinsurance legislation be applied to other insurance contracts? A South African perspective 14th International Association of Consumer Law Conference The University of Sydney, 1-4 July 2013.
  61. The buck stops…where, exactly? On outsourcing and liability towards third parties. 2013 IAITL Conference 11-15 November, Bangkok, Thailand.
  62. Microinsurance: An alternative for the 21st century in the South and te North, Proposed Microinsurance Framework for South Africa, Brussels, Belgium, 20 June 2014.
  63. Associacion Internationale de Droit Assurances (AIDA) XIV World Congress 2014, Global trends in insurance law, co-author with Birgit Kuschke on the South African Chapter on Transparency in Insurance Law, Rome, Italy, 28 September – 2 October.
  64. The Draft Paper on Microinsurance: Facts and comments Presented at Microinsurance: A tale of two jurisdictions, an international conference held at Johannesburg on 16 January with Prof Kris Bernauw (UGhent) under a grant from the Fondation Européenne des Fondations (Grand Duchy of Luxembourg) and under the scientific supervision of the Universities of Ghent and Johannesburg
  65. The quest for fairness in the rendering of financial advice and intermediary services in light of the retail distribution review Presented at the UJ/University of Augsburg joint conference held at Augusburg, Germany from 22-23 June 2016.
  66. Good faith in contracts: a South African Perspective Presented at Exeter University on 30 July 2017
  67. Alternative dispute resolution in Insurance Contracts: a South African Perspective Presented at the Russian Chapter of AIDA, Moscow, 14 September 2017.
  68. Alternative dispute resolution in Insurance Contracts: a South African Perspective Presented at the Asia Pacific Presidential Council meeting of AIDA, Singapore, 18 October 2017.
  69. Where is the love? A critical look at Komape and Others v Minister of Basic Education (1416/2015) [2018] ZALMPPHC 18 Presented at the Nelson Mandela University’s 10th Annual conference on private law and social justice held at Port Elizabeth.
  70. The insurance Act and Consumer Protection: Visualising Twin Peaks, presented at the Third University of Pretoria International Consumer Law Conference (UPICLC), held at Pretoria, 25 to 27 September 2018.
  71. The balance between the duties of the insurer and the policyholder: a South African perspective presented at the AIDA Rio XV Conference from 10-13 October in Rio de Janeiro, Brazil.
  72. Does South Africa need a special dispensation for contracts with government and state-owned enterprises? Presented at the Slovenian and South African Legal orders: Convergence and Divergence conference at the University of Johannesburg, South Africa on 7 March 2019.
  73. Market conduct regulation in perspective: Triumphs and tribulations post Twin Peaks, prepared with Jackie Maholo, presented at the UJ/University of Augsburg joint conference held at Chiemsee, Germany from 6-7 June 2019.
 Curriculum Vitae

Download Daleen Millard's CV here.