Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Tshetlanyane v Road Accident Fund (2022/036615) [2025] ZAGPJHC 211 (6 March 2025)
High Court dismissed a Road Accident Fund interim-payment application, holding that an admission of negligence is not an admission of liability for damages under Rule 34A.
Mphephu v Anooshkumar NO (56527/2021) [2023] ZAGPJHC 736 (26 June 2023)
The High Court dismissed an application for leave to appeal, holding that none of the proposed grounds had reasonable prospects of success.
Qelesile and Another v Road Accident Fund (14719/2020; 5168/2021) [2023] ZAGPJHC 221 (11 February 2023)
The court held that an admission of negligence by the Road Accident Fund does not satisfy the requirement of a written admission of liability for damages under Rule 34A(4)(a). Liability in this context encompasses all elements of a delict, including causation and quantum, not merely negligence. The written communication from the Fund expressly limited its admission to negligence and reserved its rights on other aspects, thus failing to meet the threshold for an interim payment order. The court further confirmed that, in accordance with recent practice directives and the Deputy Judge President…
Source excerpt
Alexander v Road Accident Fund and Three Other Related Matters (2021/53043; 2021/26274; 2020/15348; 2022/5105) [2023] ZAGPJHC 112 (11 February 2023)
The High Court dismissed four RAF applications for interim payment, holding that admissions of negligence alone were not admissions of liability for damages under Rule 34A.
De Beer v Geldenhuys (65535/2014) [2022] ZAGPPHC 905 (24 November 2022)
The court found that the applicant was represented by senior counsel and attorney when consenting to the order, and there was no evidence that the advice conflicted with his instructions. The applicant's subsequent attempt to rescind the order was opportunistic and aimed at delaying proceedings, especially after benefiting from not having to testify in the civil action before facing criminal charges. The delay in bringing the application and failure to oppose the application to strike out, file a replying affidavit, or comply with court directives indicated a lack of bona fides. The court hel…
Source excerpt
Apleni v Minister of Police; Mashiyana v Minister of Police (8084/2018; 8085/2018) [2021] ZAWCHC 275 (21 July 2021)
The High Court granted interim payments to two plaintiffs injured in a police shooting, finding that the Minister had admitted liability and that loss of income was shown.
Botes and Another v Hitachi Construction Machinery Southern Africa Co (PTY) LTD (205/2018) [2020] ZANCHC 4 (13 March 2020)
The High Court dismissed an application for leave to appeal in a suretyship and business rescue dispute, finding no reasonable prospects of success.
N.J v Member of the Executive Council (Health) Western Cape Provincial Government (15364/16) [2017] ZAWCHC 75 (3 July 2017)
The court held that Rule 34A does not permit an interim payment order in the absence of a written admission of liability or a judgment for damages to be determined. The Plaintiff failed to satisfy these jurisdictional requirements. The mere failure of the Defendant to file a Notice of Intention to Defend within the prescribed period does not amount to an admission of liability. The court rejected the Plaintiff's argument for a disjunctive interpretation of Rule 34A and found that such an approach would be inconsistent with the ordinary principles of statutory interpretation and would unfairly…
Source excerpt
Investec Bank Limited v 367\4 Nieuw Muckleneuk (Pty) Ltd and Others; In re: Investec Bank Limited v Swart and Others (38642/2011; 3811/2011) [2016] ZAGPPHC 244 (20 April 2016)
The High Court held that the loan fell outside the National Credit Act as a large agreement, rejected novation arguments, and granted judgment to Investec.
Harmse v Road Accident Fund (63149/09) [2010] ZAGPPHC 11 (24 February 2010)
The High Court held that a without-prejudice settlement offer was not a written admission of liability under Rule 34A, so interim payment was refused.
Explore more
