Santam Ltd. v Gerdes (515/96) [1998] ZASCA 90; 1999 (1) SA 693 (SCA); [1998] 4 All SA 440 (A) (29 September 1998)

Santam Ltd. v Gerdes (515/96) [1998] ZASCA 90; 1999 (1) SA 693 (SCA); [1998] 4 All SA 440 (A) (29 September 1998)

The Supreme Court of Appeal held that the BG payments received by the respondent in Germany following her husband's death constitute 'pension' payments within the meaning of section 1(1) of the Assessment of Damages Act 9 of 1969. The court reasoned that the ordinary meaning of 'pension' is broad and includes payments made by statutory schemes, regardless of whether the employee contributed directly or whether the payment is periodic or a lump sum. The BG scheme, funded by compulsory employer contributions and administered by a public corporation, provides survivor's pensions to dependants of employees who die in work-related accidents. The court rejected the appellant's arguments that...

Citation
[1998] ZASCA 90
Parties
Appellant: Santam Limited; Respondent: Christians Gerdes
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 1998
Case Number
515/96
Procedural Posture
Civil Appeal / Appeal From the Durban and Coastal Local Division
Outcome
Appeal dismissed with costs.
Judges
Nienaber, Howie, Schutz, Streicher, Ngoepe
Legal Topics
Assessment of Damages Act, Loss of Support, Deductibility of Foreign Pensions
Civil Procedure Assessment of Damages Act Loss of Support Deductibility of Foreign Pensions

Case Brief

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Parties

Santam Limited

Appellant

Christians Gerdes

Respondent

Procedural Posture

Civil Appeal / Appeal From the Durban and Coastal Local Division

Legal Issues

  1. 1 Whether payments received by the respondent in Germany following her husband's death should be deducted from damages payable for loss of support under South African law.
  2. 2 Whether the BG payments constitute a 'pension' within the meaning of section 1(1) of the Assessment of Damages Act 9 of 1969 and are therefore exempt from deduction.

Ratio Decidendi

The Supreme Court of Appeal held that the BG payments received by the respondent in Germany following her husband's death constitute 'pension' payments within the meaning of section 1(1) of the Assessment of Damages Act 9 of 1969. The court reasoned that the ordinary meaning of 'pension' is broad and includes payments made by statutory schemes, regardless of whether the employee contributed directly or whether the payment is periodic or a lump sum. The BG scheme, funded by compulsory employer contributions and administered by a public corporation, provides survivor's pensions to dependants of employees who die in work-related accidents. The court rejected the appellant's arguments that...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.