Sasol Synthetic Fuels (Pty) Ltd and Others v Lambert and Others (7/2001, 8/2001) [2001] ZASCA 133; 2002 (2) SA 21 (SCA) (27 November 2001)

Sasol Synthetic Fuels (Pty) Ltd and Others v Lambert and Others (7/2001, 8/2001) [2001] ZASCA 133; 2002 (2) SA 21 (SCA) (27 November 2001)

The Supreme Court of Appeal held that section 36(2) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 requires that compensation paid, including in the form of pensions, must be deducted from any award of common law damages made in favour of dependants. The Court found no conflict between the 1993 Act and the Assessment of Damages Act 9 of 1969, applying the principle that general statutes do not override specific provisions unless expressly stated. The Court rejected the respondents' arguments, finding that the legislative intent was to prevent double recovery and that the 1969 Act did not impliedly repeal the relevant provisions of the 1993 Act or its...

Citation
[2001] ZASCA 133
Parties
Appellant: Sasol Synthetic Fuels (Pty) Ltd; Appellant: Frans Fakude; Appellant: ABC Recruitment (Pty) Ltd; Respondent: Margaret Elizabeth Lambert; Respondent: Dalishia Mercedes Lambert; Respondent: Denzil Daniël Lambert; Respondent: Michelle Luverne Issabell Lambert
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 2001
Case Number
7/2001, 8/2001
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal allowed. Orders of the court a quo set aside and replaced.
Judges
Nienaber, Harms, Olivier, Schutz, Froneman
Legal Topics
Compensation for Occupational Injuries, Assessment of Damages, Statutory Interpretation, Deduction of Compensation, Loss of Support
Delict Civil Procedure Compensation for Occupational Injuries Assessment of Damages Statutory Interpretation Deduction of Compensation Loss of Support

Case Brief

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Parties

Sasol Synthetic Fuels (Pty) Ltd

Appellant

Frans Fakude

Appellant

ABC Recruitment (Pty) Ltd

Appellant

Margaret Elizabeth Lambert

Respondent

Dalishia Mercedes Lambert

Respondent

Denzil Daniël Lambert

Respondent

Michelle Luverne Issabell Lambert

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Whether compensation paid under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 must be deducted from common law damages awarded against a tortfeasor who is not the employer.
  2. 2 Whether there is a conflict between section 36(2) of the 1993 Act and section 1 of the Assessment of Damages Act 9 of 1969 regarding the deduction of compensation in the form of pensions.
  3. 3 Whether the general provisions of the 1969 Act override the specific provisions of the 1993 Act.

Ratio Decidendi

The Supreme Court of Appeal held that section 36(2) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 requires that compensation paid, including in the form of pensions, must be deducted from any award of common law damages made in favour of dependants. The Court found no conflict between the 1993 Act and the Assessment of Damages Act 9 of 1969, applying the principle that general statutes do not override specific provisions unless expressly stated. The Court rejected the respondents' arguments, finding that the legislative intent was to prevent double recovery and that the 1969 Act did not impliedly repeal the relevant provisions of the 1993 Act or its...

Court Disposition

Appeal allowed. Orders of the court a quo set aside and replaced.

Orders

  • It is declared that in terms of section 36(2) of Act 130 of 1993, the compensation received by the first to fourth plaintiffs in terms of that Act falls to be deducted from any damages awarded to such plaintiffs.
  • The first to fourth plaintiffs are ordered to pay the costs of the trial to date, jointly and severally.