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South Africa decisions
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Matsilele v Road Accident Fund (1975/2018) [2024] ZALMPPHC 180 (19 November 2024)
High Court judgment on Road Accident Fund liability, holding that the plaintiff failed to prove negligence by the insured driver and dismissing the claim with costs.
Paul v Road Accident Fund (10344/2022) [2024] ZALMPPHC 33 (2 April 2024)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff’s version improbable and unproven on negligence and causation.
Farmer v S (KS 20/2014) [2023] ZANCHC 93 (1 December 2023)
The High Court dismissed an appeal against a murder conviction, holding that the facts established dolus eventualis rather than dolus indirectus.
Sibongile Maria Mthimkhulu obo Langalethu Patience Thabede v The Member of the Executive Council for Health for the Free State Province and Another (4056/2019) [2022] ZAFSHC 170 (7 July 2022)
The court found that the applicant could have acquired the necessary knowledge of the identity of the debtor and the facts from which the debt arose in 2012 or during the following two to three years, had she exercised reasonable care. The applicant attended support groups and clinics specializing in cerebral palsy and possessed the relevant hospital records, yet failed to consult medical professionals regarding possible negligence. The court held that any reasonable person in her position would have sought advice earlier. Therefore, in terms of Section 12(3) of the Prescription Act, the appl…
Source excerpt
M v Road Accident Fund (47692/14) [2017] ZAGPPHC 352 (5 April 2017)
The High Court granted absolution from the instance after the plaintiff failed to prove the identity of the other vehicle and a causal nexus for RAF liability.
Harcus v Road Accident Fund (43607/12) [2014] ZAGPPHC 71 (14 February 2014)
The court found the plaintiff’s driver solely negligent in a lane-change collision and held the Road Accident Fund liable for 100% of proven or agreed damages.
Brooks v Minister of Safety and Security (036/08) [2008] ZASCA 141; 2009 (2) SA 94 (SCA) ; [2009] 2 All SA 17 (SCA) (27 November 2008)
The Supreme Court of Appeal dismissed a dependant’s claim for loss of support arising from a breadwinner’s lawful incarceration, holding the claim fell outside the recognised delictual remedy.
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