South Africa Case Law

G. J. L and Another v Road Accident Fund (A118/2023)

G. J. L and Another v Road Accident Fund (A118/2023) [2025] ZAGPPHC 232 (19 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A118/2023

Judges

Mbongwe, Millar, Mokoena

The appeal succeeded because the court a quo misdirected itself by disregarding unchallenged expert evidence that established a clear loss of earning capacity for the minor appellant. The correct approach is to compare the probable pre-injury and post-injury earning scenarios, applying appropriate contingency deductions (20% pre-injury, 30% post-injury) as supported by the evidence. The court a quo erred by awarding an arbitrary lump sum unrelated to the actuarial calculations and by requiring a level of certainty beyond the civil standard of proof. The evidence established a loss of R4,802,8…

Source excerpt

• Loss Of Earning Capacity
• Contingency Deductions
• Road Accident Fund Act
• Assessment Of Damages

Lekalakala v Minster of Police and Another (1436/2021)

Lekalakala v Minster of Police and Another (1436/2021) [2025] ZANWHC 53 (13 March 2025)

Court

North West High Court, Mafikeng

Case number

1436/2021

Judge

Masike

High Court awarded R120,000 for unlawful arrest and detention, finding the plaintiff was arrested without explanation and held in inhumane conditions.

• Unlawful Arrest
• Unlawful Detention
• Assessment Of Damages
• Personal Liberty
• Costs Award
• Unlawful-arrest

Maritz v Road Accident Fund (A87/2023)

Maritz v Road Accident Fund (A87/2023) [2024] ZAFSHC 388 (6 December 2024)

Court

Free State High Court, Bloemfontein

Case number

A87/2023

Judges

Chesiwe, Daniso, Ramdeyal

High Court appeal dismissed where the appellant failed to prove that his accident injury caused an actual loss of earning capacity or pecuniary loss.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Expert Evidence
• Assessment Of Damages
• Road-accident-fund
• Future-loss-of-earnings

Selogilwe v Road Accident Fund (RAF 131/2019)

Selogilwe v Road Accident Fund (RAF 131/2019) [2024] ZANWHC 161 (6 June 2024)

Court

North West High Court, Mafikeng

Case number

RAF 131/2019

Judge

J T Djaje

The High Court awarded the plaintiff R1,908,646 for loss of earnings after a motor vehicle accident, accepting her experts’ evidence and applying contingencies.

• Road Accident Fund Act
• Loss Of Earnings
• Assessment Of Damages
• Contingencies
• Expert Evidence
• Road-accident-fund

Morakeng v Road Accident Fund (RAF 349/2021)

Morakeng v Road Accident Fund (RAF 349/2021) [2024] ZANWHC 160 (6 June 2024)

Court

North West High Court, Mafikeng

Case number

RAF 349/2021

Judge

J T Djaje

The court found that the plaintiff sustained serious injuries that materially affect his ability to compete in the open labour market. Despite his unemployment prior to the accident, expert evidence established that he would have had prospects of employment as an unskilled or semi-skilled worker. The actuarial calculations, with reasonable contingencies applied, provided a fair and just basis for quantifying the plaintiff's loss of earnings. The defendant's argument that the plaintiff failed to prove pre-accident employment was rejected, as the evidence showed he was disadvantaged by the acci…

Source excerpt

• Loss Of Earning Capacity
• Road Accident Fund Act
• Assessment Of Damages
• Expert Evidence

Thato v Road Accident Fund (634/2022)

Thato v Road Accident Fund (634/2022) [2024] ZANWHC 67 (8 March 2024)

Court

North West High Court, Mafikeng

Case number

634/2022

Judge

J T Djaje

High Court RAF matter awarding loss of earnings after a taxi accident, with an undertaking for future medical expenses and costs.

• Road Accident Fund Act
• Loss Of Earnings
• Assessment Of Damages
• Expert Evidence
• Road-accident-fund
• Loss-of-earnings

Kubayi v Nkana and Others (6593/2017)

Kubayi v Nkana and Others (6593/2017) [2024] ZALMPPHC 19 (7 March 2024)

Court

Limpopo High Court, Polokwane

Case number

6593/2017

Judge

Kganyago

High Court damages award for unlawful arrest and detention reduced to R100,000 after merits were conceded; malicious prosecution was postponed sine die.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Assessment Of Damages
• Unlawful-arrest
• Unlawful-detention

du Preez N.O obo B.R.S v MEC for Health, Gauteng (58051/2018)

du Preez N.O obo B.R.S v MEC for Health, Gauteng (58051/2018) [2024] ZAGPPHC 109 (12 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

58051/2018

Judge

Bam

The High Court held the Gauteng health department liable after a premature infant’s drip site went unchecked for ten hours, causing permanent injury.

• Medical Negligence
• Standard Of Care
• Expert Evidence
• State Liability Act
• Joint Minutes
• Assessment Of Damages

Theunissen v Goldfields Resort (Pty) Ltd and Another (3520/2017)

Theunissen v Goldfields Resort (Pty) Ltd and Another (3520/2017) [2023] ZAFSHC 221 (1 June 2023)

Court

Free State High Court, Bloemfontein

Case number

3520/2017

Judge

M E Mahlangu

High Court damages judgment on loss of earnings and future medical expenses after a lodge injury, accepting uncontested expert evidence and contingency deductions.

• Personal Injury
• Loss Of Earning Capacity
• Future Medical Expenses
• Contingency Deduction
• Assessment Of Damages
• Personal-injury

Louw v Patel (245/2021)

Louw v Patel (245/2021) [2023] ZASCA 22 (9 March 2023)

Court

Supreme Court of Appeal

Case number

245/2021

Judges

Dambuza, Molemela, Gorven, Basson, Masipa

The Supreme Court of Appeal dismissed a medical-negligence appeal arising from delayed transfer and alleged communication failures after a gunshot leg injury.

• Medical Negligence
• Causation
• Expert Evidence
• Standard Of Care
• Assessment Of Damages
• Hospital Liability