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South Africa Case Law

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Delict [2024] ZAGPPHC 983

Malaba v Passenger Rail Agency of South Africa (37078/2014)

Malaba v Passenger Rail Agency of South Africa (37078/2014) [2024] ZAGPPHC 983 (1 October 2024)

Quantum judgment arising from a train accident claim, with liability settled 70/30 in the plaintiff’s favour and damages assessed after expert evidence on injuries and earning capacity.

  • Personal Injury
  • Loss Of Earning Capacity
  • General Damages
  • Future Medical Expenses
  • Expert Evidence
  • Apportionment Of Liability
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Delict [2024] ZAGPJHC 939

Mhlongo v Road Accident Fund (13348/2016)

Mhlongo v Road Accident Fund (13348/2016) [2024] ZAGPJHC 939 (20 September 2024)

The High Court assessed general damages and loss of earnings for a pedestrian injured by a vehicle, with agreed merits at 75% in the plaintiff’s favour.

  • Road Accident Fund Act
  • Personal Injury Quantum
  • Loss Of Earnings
  • General Damages
  • Contingency Deduction
  • Road-accident-fund
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Delict [2024] ZAGPPHC 915

Boshomane v Road Accident Fund (Reasons) (77531/2014)

Boshomane v Road Accident Fund (Reasons) (77531/2014) [2024] ZAGPPHC 915 (4 September 2024)

High Court reasons in a Road Accident Fund matter: the plaintiff succeeded on 70% merits, Rule 38(2) evidence by affidavit was allowed, and damages were assessed.

  • Road Accident Fund
  • Loss Of Earnings
  • General Damages
  • Rule 38 Application
  • Contingency Deductions
  • Road-accident-fund
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Delict [2024] ZAGPPHC 485

Radinene v Passenger Rail Agency of South Africa (37128/17)

Radinene v Passenger Rail Agency of South Africa (37128/17) [2024] ZAGPPHC 485 (28 May 2024)

Quantum-only personal injury claim against PRASA. The court awarded 50% of proven general damages, dismissed special damages, and excluded expert costs.

  • Personal Injury
  • General Damages
  • Quantum Of Damages
  • Apportionment Of Liability
  • Personal-injury
  • General-damages
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Tax law

Capitec Bank Limited v The Commissioner for the South African Revenue Services

Capitec’s loan cover was supplied free of charge, but that did not prevent it from being a taxable supply. The cover was provided in the course and furtherance of Capitec’s mixed lending business, which comprised both exempt interest-earning and taxable fee-earning components. The supply was therefore not exclusively in the course of exempt activity. Because section 16(3)(c) applies only where the insurance contract is a taxable supply, and the Act’s scheme requires apportionment where such a supply is partly taxable and partly exempt, Capitec was not entitled to a full deduction; the assessm…

  • Taxable supply
  • Free-of-charge supply
  • Section 16(3)(c) deduction
  • Exempt financial services
  • Apportionment
  • Loan cover insurance
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Delict [2020] ZAGPPHC 542

Swart v Road Accident Fund (74231/2014)

Swart v Road Accident Fund (74231/2014) [2020] ZAGPPHC 542 (3 August 2020)

The High Court awarded the plaintiff damages against the Road Accident Fund, but applied heavy contingencies because of inconsistent evidence and pre-existing conditions.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Personal Injury
  • Apportionment Of Damages
  • Quantification Of Damages
  • Road-accident-fund
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Tax Law [2018] ZATC 3

Taxpayer v Commissioner for the South African Revenue Service (VAT1558)

Taxpayer v Commissioner for the South African Revenue Service (VAT1558) [2018] ZATC 3; 81 SATC 390 (5 December 2018)

The Tax Court held that section 8(15) of the VAT Act applied to promotional goods supplied as part of a single A&P service, confirming the additional VAT assessments.

  • Value Added Tax
  • Zero Rating
  • Deeming Provision
  • Supply Of Goods And Services
  • Apportionment
  • Interpretation Of Vat Act
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Delict [2018] ZAGPPHC 592

Laubscher v Road Accident Fund (98494/15)

Laubscher v Road Accident Fund (98494/15) [2018] ZAGPPHC 592 (30 July 2018)

The court assessed quantum after an agreed 80% liability apportionment, awarding damages for severe injuries, future loss of earning capacity, and general damages.

  • Road Accident Fund Act
  • General Damages
  • Loss Of Earning Capacity
  • Apportionment Of Liability
  • Expert Evidence
  • Contingency Deductions
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Delict [2018] ZAGPPHC 597

Nkosi v Road Accident Fund (08/25592)

Nkosi v Road Accident Fund (08/25592) [2018] ZAGPPHC 597 (12 July 2018)

High Court damages judgment against the Road Accident Fund on loss of income and earning capacity, after the court preferred the defendant’s conservative earnings model.

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • Quantification Of Damages
  • Expert Evidence
  • Apportionment Of Liability
  • Road-accident-fund
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Delict [2017] ZAECPEHC 27

Boltina v Road Accident Fund (941/2014)

Boltina v Road Accident Fund (941/2014) [2017] ZAECPEHC 27 (25 April 2017)

The High Court awarded damages for severe injuries from a motor collision, accepted the plaintiff’s medical expense and earnings claims, and ordered punitive costs.

  • Road Accident Fund Act
  • Personal Injury
  • Loss Of Earning Capacity
  • General Damages
  • Punitive Costs
  • Apportionment Of Liability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.