South Africa Case Law

Rode v Road Accident Fund (1856/2022)

Rode v Road Accident Fund (1856/2022) [2024] ZAECMKHC 134 (27 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1856/2022

Judge

B B Brody

The court found that the plaintiff suffered severe injuries and disabilities, rendering him unable to enforce his rights or understand the claims process without assistance. The defendant's employees owed the plaintiff a duty of care to advise him properly and ensure he took necessary steps to pursue his claim. The defendant failed in this duty, and its conduct in making an offer and paying for the plaintiff's care constituted acquiescence to liability. The special plea of prescription was dismissed, as the plaintiff's cause of action was based on the defendant's negligence, not the underlyin…

Source excerpt

• Prescription
• Negligence
• Duty Of Care
• Road Accident Fund Act
• Appointment Of Curator

South African Legal Practice Council v Harper and Another (51846/2021)

South African Legal Practice Council v Harper and Another (51846/2021) [2021] ZAGPJHC 829 (21 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

51846/2021

Judges

Sutherland, Mia

Urgent relief against an attorney over trust-account misappropriation was partly granted: the court appointed a curator, but refused suspension or striking off.

• Legal Practitioners Discipline
• Trust Account Misappropriation
• Urgent Interim Relief
• Appointment Of Curator
• Fit And Proper Person Test
• Attorney-discipline

Cawood obo Abrahams v Road Accident Fund (82302/2016)

Cawood obo Abrahams v Road Accident Fund (82302/2016) [2020] ZAGPPHC 535 (19 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

82302/2016

Judge

K Mogale

High Court RAF quantum judgment awarding loss of earnings after a 70% contingency deduction, with the plaintiff’s sympathetic employment excluded from the calculation.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Contingency Deductions
• Expert Evidence
• Appointment Of Curator
• General Damages

Ex Parte: S.M.W (18926/2018)

Ex Parte: S.M.W (18926/2018) [2019] ZAWCHC 35 (28 March 2019)

Court

Western Cape High Court, Cape Town

Case number

18926/2018

Judge

De Waal

The High Court dismissed an intervention attempt and appointed an independent curator ad personam for a patient found incapable of managing his personal affairs.

• Curatorship
• Mental Capacity
• Intervention Application
• Appointment Of Curator
• Frail Care
• Estate Management

P W v A W and Others (2018/47013)

P W v A W and Others (2018/47013) [2019] ZAGPJHC 168 (7 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/47013

Judge

L R Adams

The court dismissed an urgent application to intervene in ex parte curatorship proceedings, holding that Uniform Rule 57 provides an inquisitorial process, not adversarial intervention.

• Curatorship
• Intervention Application
• Rule 57 Procedure
• Appointment Of Curator
• Urgent Application
• Intervention-application

Mcpherson v Teuwen and Another (2009/27002)

Mcpherson v Teuwen and Another (2009/27002) [2012] ZAGPJHC 18 (22 February 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/27002

Judge

N G Kgomo

The High Court postponed a medical malpractice trial sine die, finding the matter was not ready for trial and appointing a curator for the plaintiff.

• Medical Malpractice
• Postponement Of Trial
• Costs De Bonis Propriis
• Appointment Of Curator
• Quantum Of Damages
• Expert Evidence

Wimbledon Lodge (Pty) Ltd v Gore NO and Others (39/2002)

Wimbledon Lodge (Pty) Ltd v Gore NO and Others (39/2002) [2003] ZASCA 33; [2003] 2 All SA 179 (SCA); 2003 (5) SA 315 (SCA) (31 March 2003)

Court

Supreme Court of Appeal

Case number

39/2002

Judges

Schutz, Olivier, Zulman, Streicher, Heher

The court held that fraudulent votes used to block action could be disregarded, and appointed a provisional curator ad litem to investigate claims for common property and damages.

• Sectional Titles Act
• Fraudulent Misrepresentation
• Appointment Of Curator
• Rectification Of Sectional Plan
• Locus Standi
• Pre Incoporation Contract