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South Africa decisions
Decisions matching the current search
Kotze v Road Accident Fund (16725/2022) [2025] ZAWCHC 303 (24 July 2025)
The High Court held the Road Accident Fund solely liable after finding the insured driver negligently turned into the road without keeping a proper lookout.
Makhubela v PRASA (23147/2018) [2025] ZAGPPHC 597 (26 May 2025)
The High Court dismissed a passenger’s damages claim against PRASA after finding his account of falling from a train highly improbable and unproven.
Khalipha v Passenger Rail Agency of South Africa (46963/2011) [2025] ZAGPJHC 648 (25 March 2025)
High Court liability judgment on a railway injury claim: the court found both parties negligent and apportioned damages 80% to the plaintiff and 20% to PRASA.
Stephens v Minister of Police (21884/2017) [2025] ZAWCHC 72 (28 February 2025)
The court found that the Defendant, through its members, owed a legal duty of care to the Plaintiff as a member of the public using police premises. The Plaintiff was directed to the tap by a police officer, was unfamiliar with the area, and the landing lacked railings and warning signs. The absence of safety measures constituted negligence and breach of duty of care. However, the Plaintiff failed to keep a proper look-out and proceeded blindly, contributing to the incident. Applying the Apportionment of Damages Act, the court held the Plaintiff was 20% contributorily negligent and the Defend…
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Lekabe v Special Investigating Unit (SIU) and Others (GP09/2019) [2025] ZAST 4 (17 February 2025)
The Special Tribunal refused an amendment seeking to add non-joinder and misjoinder special pleas, holding that joinder cannot be bypassed through amendment.
Zide v Xhobani Security Services and Another (CA 50/2023) [2025] ZAECMHC 5 (11 February 2025)
Appeal dismissed in a shooting-injury claim arising from a student protest. The court found the appellant unreliable, and held the force used was justified.
Nichol v Road Accident Fund (11779/22) [2025] ZAGPJHC 113 (10 February 2025)
High Court RAF judgment on a pedestrian collision: sole negligence found against the insured driver, with no apportionment against the plaintiff.
Molaoa v Road Accident Fund (4358/2018) [2025] ZAFSHC 2 (14 January 2025)
The court found that the plaintiff was confronted with a sudden emergency caused by the unknown Audi driver overtaking and entering his lane. The plaintiff's evasive action—swerving to the right—was reasonable under the circumstances and did not amount to negligence, but at most an error of judgment. The defendant failed to prove any contributory negligence on the part of the plaintiff. The hearsay evidence from the Accident Report Form was excluded, as its admission would be prejudicial and not in the interests of justice. The evidence of the defendant's witness was found unreliable and did…
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Sikhosana v Passenger Rail Agency of South Africa (38166/2020) [2024] ZAGPPHC 1386 (15 November 2024)
The High Court dismissed a commuter’s delict claim against PRASA after finding he attempted to board a moving train and voluntarily assumed the risk.
Jackson v Road Accident Fund (1266/2021) [2024] ZAECMKHC 120 (15 October 2024)
The High Court dismissed a RAF claim after finding the plaintiff gave conflicting versions of the accident and failed to prove the insured driver’s negligence.
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