Sanan v Eskom Holdings Limited (2010/16004) [2010] ZAGPJHC 90; 2010 (6) SA 638 (GSJ) (7 October 2010)

Sanan v Eskom Holdings Limited (2010/16004) [2010] ZAGPJHC 90; 2010 (6) SA 638 (GSJ) (7 October 2010)

Section 35 of the Compensation for Occupational Injuries and Diseases Act No 130 of 1993 creates a complete statutory bar to any civil claim for damages by an employee against an employer for occupational injury or disease. The plaintiff's claim, based on alleged negligence resulting in mesothelioma, falls squarely within the ambit of the Act, which provides compensation for such occupational diseases. The Supreme Court of Appeal in Mankayi v AngloGold Ashanti Ltd authoritatively confirmed that the statutory bar applies even where the employee may not be entitled to compensation under COIDA, and the right to claim damages is extinguished. The exception procedure is appropriate in this...

Citation
[2010] ZAGPJHC 90
Parties
Plaintiff: Andre John Sanan; Defendant: Eskom Holdings Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 October 2010
Case Number
2010/16004
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiff's particulars of claim struck out with leave to amend.
Judges
C. J. Claassen
Legal Topics
Occupational Disease, Statutory Bar, Compensation for Injuries, Exception Vs Special Plea
Delict Civil Procedure Occupational Disease Statutory Bar Compensation for Injuries Exception Vs Special Plea

Case Brief

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Parties

Andre John Sanan

Plaintiff

Eskom Holdings Limited

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether section 35 of the Compensation for Occupational Injuries and Diseases Act bars the plaintiff's delictual claim for damages against the employer.
  2. 2 Whether the statutory bar should be raised by exception or by special plea.

Ratio Decidendi

Section 35 of the Compensation for Occupational Injuries and Diseases Act No 130 of 1993 creates a complete statutory bar to any civil claim for damages by an employee against an employer for occupational injury or disease. The plaintiff's claim, based on alleged negligence resulting in mesothelioma, falls squarely within the ambit of the Act, which provides compensation for such occupational diseases. The Supreme Court of Appeal in Mankayi v AngloGold Ashanti Ltd authoritatively confirmed that the statutory bar applies even where the employee may not be entitled to compensation under COIDA, and the right to claim damages is extinguished. The exception procedure is appropriate in this...

Court Disposition

Exception upheld; plaintiff's particulars of claim struck out with leave to amend.

Orders

  • The exception is upheld with costs.
  • The plaintiff is given leave to amend his particulars of claim within 20 days from the date of this order.