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South Africa decisions
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Mashela v Road Accident Fund (745/2023) [2025] ZAMPMBHC 62 (25 July 2025)
The High Court awarded the plaintiff R1,050,000 for loss of earnings after an accident, finding that overtime income had been reduced despite unchanged basic salary.
Gauche v Road Accident Fund (38422/15) [2025] ZAGPPHC 595 (30 May 2025)
The court found the RAF liable for proven damages from an unidentified taxi-driven collision, but dismissed the plaintiff’s loss of earnings claim as unproven.
S v Ragavan and Others (SS67/2022) [2025] ZAGPJHC 482 (16 May 2025)
The High Court held that the State may call its witnesses in the order it chooses and declined to prevent a forensic expert from testifying first.
Fourie v Minister of Police (CIV APP FB03/2024) [2024] ZANWHC 312 (31 October 2024)
Full-bench appeal upheld after the High Court found police assaulted the appellant and wrongly excluded agreed expert evidence on psychological harm and future medical costs.
Thirry v Road Accident Fund (3982/2021) [2024] ZAGPPHC 1019 (4 October 2024)
The High Court found the Road Accident Fund 100% liable for the accident and awarded R938,029 for loss of earnings, with general damages postponed.
S v Zondo (CC13/2021) [2024] ZAGPPHC 985 (20 September 2024)
The court found that Professor Labuschagne's expert evidence is admissible. The expert's reliance on both local and international literature is permissible, provided the sources are reliable and peer-reviewed. The court emphasized that expert evidence assists in understanding complex psychological issues, such as delayed reporting in sexual offences, and that the probative value of such evidence is assessed at the end of the trial. The court held that the accused's right to a fair trial is not prejudiced by the admission of the expert's hearsay evidence at this stage, as the accused is aware…
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Road Accident Fund v Mathivha (11155/2019) [2024] ZAGPPHC 659 (2 July 2024)
The High Court dismissed the Road Accident Fund’s rescission application, finding the Fund’s absence deliberate and the Rule 42 and common-law requirements unmet.
Covid Care Alliance NPC and Others v President of The Republic of South Africa and Others (000149/2023) [2024] ZAGPPHC 171 (29 February 2024)
The court found that the applicants failed to establish a sufficient evidentiary basis for the sweeping interdictory relief sought. The expert evidence presented by the applicants was found to be inadmissible, unreliable, and lacking in proper qualifications, while the respondents' expert evidence was accepted as authoritative. The applicants did not demonstrate a clear right to prevent others from accessing vaccines, nor did they establish that the alleged harm outweighed the public health benefits of vaccination. The application suffered from fatal non-joinder of vaccine manufacturers and a…
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T.J.K v Minister of Police (CIV APP FB 11/2022) [2023] ZANWHC 33 (6 March 2023)
Appeal over damages for unlawful arrest, assault and detention succeeded, and the court also awarded loss of earning capacity on expert evidence.
Goodyear South Africa (Pty) Ltd v Competition Commission and Others (198/CAC/Jan22) [2022] ZACAC 7; [2022] 2 CPLR 24 (CAC) (19 July 2022)
The Competition Appeal Court held that the directive excluding Goodyear's expert witness statement was final in effect, as the written directive did not indicate it would be reconsidered later. Applying the principles from Zweni, Metlika, and SCAW, the Court found that the directive was definitive of Goodyear's rights and had a final effect on its ability to present its case. Consequently, the directive was appealable under section 37(1)(b)(i) of the Competition Act. The Court further held that a single Tribunal member was not competent to make a final order of this nature under section 31(5)…
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