South Africa Case Law

Mehlwana v Minister of Police and Others (414/2020)

Mehlwana v Minister of Police and Others (414/2020) [2021] ZAECPEHC 56 (9 November 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

414/2020

Judge

Gqamana

The court found that the applicant's claims for wrongful arrest and detention from 29 July 2014 until 17 June 2017 had prescribed, as prescription runs from the date of arrest and each day of detention constitutes a new debt. The applicant was legally represented throughout and failed to provide a satisfactory explanation for not giving notice immediately after release from detention. The court held that knowledge of the legal conclusions or access to the police docket is not required for prescription to begin. The applicant did not establish good cause for his failure to comply with the stat…

Source excerpt

• Condonation For Late Notice
• Prescription
• Wrongful Arrest
• Unlawful Detention
• Breach Of Duty Of Care

Vodacom (Pty) Limited v CEZ Investments (Pty) Limited; In Re CEZ Investments (Pty) Limited v Vodacom (Pty) Limited (38061/18)

Vodacom (Pty) Limited v CEZ Investments (Pty) Limited; In Re CEZ Investments (Pty) Limited v Vodacom (Pty) Limited (38061/18) [2019] ZAGPJHC 528 (12 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

38061/18

Judge

PL Carstensen

The High Court partly upheld an exception to particulars of claim, striking out the damages pleading for insufficient detail but allowing amendment.

• Exception Procedure
• Vague And Embarrassing Pleading
• Quantum Of Damages
• Breach Of Duty Of Care
• Lease Agreement
• Negligence

J.J v Meyer (51155/2014)

J.J v Meyer (51155/2014) [2017] ZAGPPHC 285; [2017] 3 All SA 878 (GP) (6 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

51155/2014

Judge

Avvakoumides

High Court damages decision after an abdominoplasty claim, addressing informed consent, causation, psychological sequelae, and quantum.

• Medical Malpractice
• Informed Consent
• General Damages
• Psychological Injury
• Breach Of Duty Of Care
• Quantification Of Damages

Kekana v Road Accident Fund (57124/2013)

Kekana v Road Accident Fund (57124/2013) [2016] ZAGPPHC 935 (9 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

57124/2013

Judge

N Janse Van Nieuwenhuizen

The High Court held that the plaintiff knew the relevant facts in 1999 when he accepted settlement from the Road Accident Fund, so his prescription defence failed.

• Prescription Act
• Special Plea Of Prescription
• Breach Of Duty Of Care
• Settlement Of Claim
• Knowledge Of Debt
• Prescription