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South Africa decisions
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Phethla v Phethla and Others (HCA10/2022) [2023] ZALMPPHC 8 (16 February 2023)
The High Court dismissed an appeal against the discharge of an urgent ex parte interdict concerning a communal property association meeting and administration.
Road Accident Fund v Faria (567/2013) [2014] ZASCA 65; 2014 (6) SA 19 (SCA); [2014] 4 All SA 168 (SCA) (19 May 2014)
The Supreme Court of Appeal held that the Road Accident Fund is not bound by the assessment of its own expert regarding the seriousness of an injury. The statutory scheme introduced by the Road Accident Fund Act and its Regulations requires that the Fund must be satisfied that the injury has been correctly assessed as serious before general damages can be awarded. The assessment of seriousness is an administrative function, and the prescribed procedure under Regulation 3 must be followed, including the possibility of rejection and referral to an appeal tribunal. The existence of a joint minut…
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Grey v Minister of Home Affairs, Republic of South Africa and Others (354/2009) [2012] ZAECGHC 100 (6 December 2012)
The High Court held the respondents in contempt for failing to comply with an order to decide an application to amend the applicant’s date of birth.
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