South Africa Case Law

Sibiya v Road Accident Fund (543/2024)

Sibiya v Road Accident Fund (543/2024) [2025] ZAMPMHC 29 (9 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

543/2024

Judge

Langa

The court found that the defendant's plea, though brief, was sufficient to put the issue of past medical expenses in dispute and did not amount to a bare denial. On the substantive issue, the court held that payments made by a medical aid scheme to discharge its contractual obligations to its member are res inter alios acta and do not benefit third parties such as the Road Accident Fund. The court relied on the Supreme Court of Appeal's decision in Bane and Others v D’Ambrosi, which confirmed that medical aid scheme benefits are not deductible from claims for past medical expenses. The court…

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• Road Accident Fund Act
• Past Medical Expenses
• Collateral Source Rule
• Unjust Enrichment
• Pleadings And Particularity

Underwriters at Lloyds of London v Minister of Safety and Security (40975/2016)

Underwriters at Lloyds of London v Minister of Safety and Security (40975/2016) [2024] ZAGPPHC 198; (2024) 45 ILJ 1339 (GP) (4 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

40975/2016

Judge

Ranchod

The court found that SAPS members Khubeka and Lekola, while employed and on duty, participated in the planning and execution of the robbery at SBV's premises, and subsequently obstructed recovery efforts. The admissions made by the defendant, including those relating to the criminal conviction and findings of fact, established all elements of delict. The court applied the constitutional test for vicarious liability, considering the close connection between the criminal acts and the SAPS members' employment, the public trust placed in police, and the constitutional obligations of the Minister.…

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• Vicarious Liability
• Subrogation
• Intentional Tort
• Quantum Of Damages
• Admissions
• Collateral Source Rule

Kapa v RAF (1414/2013)

Kapa v RAF (1414/2013) [2018] ZALMPPHC 67 (7 December 2018)

Court

Limpopo High Court, Polokwane

Case number

1414/2013

Judge

G.C Muller

The court found that the disability grant received by the plaintiff was paid as a direct result of her disability caused by the motor vehicle accident, which also formed the basis of her claim for loss of earnings. The grant was not a charitable benefit but a form of financial assistance provided by the state in terms of its constitutional obligation. There was a close causal link between the grant and the loss of earnings, and failing to deduct the grant would result in double compensation. Public policy, fairness, and justice demand that overcompensation from public funds be avoided, especi…

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• Road Accident Fund Act
• Loss Of Earnings
• Collateral Source Rule
• Social Assistance Act
• Double Compensation

Bee v Road Accident Fund (093/2017)

Bee v Road Accident Fund (093/2017) [2018] ZASCA 52; 2018 (4) SA 366 (SCA) (29 March 2018)

Court

Supreme Court of Appeal

Case number

093/2017

Judges

Seriti, Mathopo, Rogers, Hughes, Schippers

The majority of the Supreme Court of Appeal held that the appellant's injuries significantly impaired his ability to perform his pre-accident functions in the close corporation, resulting in diminished profits and loss of earning capacity. The court found that the joint minute of forensic accountants, which agreed on the methodology and factual assumptions for quantifying loss, was binding in the absence of timeous repudiation. The appellant's post-injury earnings exceeding a market-related salary for his reduced role were the result of benevolence and should be disregarded under the collater…

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• Loss Of Earning Capacity
• Collateral Source Rule
• Quantification Of Damages
• Expert Evidence
• Joint Minute Of Experts

Fulton v Road Accident Fund (2007/31280)

Fulton v Road Accident Fund (2007/31280) [2012] ZAGPJHC 3; 2012 (3) SA 255 (GSJ) (1 February 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2007/31280

Judge

C. J. Claassen

High Court road accident damages case on future loss of earnings, where the plaintiff’s coaching impairment and collateral-source arguments were decisive.

• Collateral Source Rule
• Loss Of Earning Capacity
• Future Loss Of Earnings
• Road Accident Fund Act
• Expert Evidence
• Contingency Deduction

G & C Shelf 103 (Pty) Ltd v Chemical Specialities (Pty) Ltd (5902/2008)

G & C Shelf 103 (Pty) Ltd v Chemical Specialities (Pty) Ltd (5902/2008) [2011] ZAKZDHC 88 (24 August 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

5902/2008

Judge

Rall AJ

The court held that the plaintiff failed to prove that the defendant breached clause 14.4 of the lease agreement, as the plaintiff did not place the defendant in mora by giving the required notice to perform its obligations. The lease agreement did not stipulate a fixed time for performance, and in such cases, interpellatio is necessary before damages can be claimed. The only demand made by the plaintiff was a letter of demand for damages, not a notice to perform. Furthermore, even if the defendant had breached its obligations under clauses 14.3 and 14.5, the plaintiff suffered no damages bec…

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• Breach Of Contract
• Lease Agreement
• Insurance Obligations
• Damages
• Collateral Source Rule

SBV Services Ltd v Kogana and Another (2722/2007)

SBV Services Ltd v Kogana and Another (2722/2007) [2011] ZAECPEHC 13 (1 April 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2722/2007

Judge

BR Tokota

The court found that the first defendant, as Senior Protection Officer, owed a legal duty to adhere to company guidelines and prevent harm during cash deliveries. By instructing the driver to leave the vehicle, he breached these guidelines and exposed the team to foreseeable risk, directly enabling the robbery. The court rejected the defendant's claim of sudden emergency, finding no evidence that the diesel cap issue constituted such an emergency. Both factual and legal causation were established: but for the defendant's conduct, the robbery would likely have been averted. The court applied t…

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• Negligence
• Vicarious Liability
• Collateral Source Rule
• Cash In Transit Security
• Legal Duty Of Employees

St Helena Primary School and Another v MEC: Department of Education, Free State Province and Another (891/2004)

St Helena Primary School and Another v MEC: Department of Education, Free State Province and Another (891/2004) [2005] ZAFSHC 10; [2005] JOL 15846 (O); 2007 (4) SA 16 (O) (15 September 2005)

Court

Free State High Court, Bloemfontein

Case number

891/2004

Judge

H.M. Musi

The court held that while the school, as a lawful occupier, could in principle have an enrichment action for necessary improvements to the property, the requirements for such an action were not met. The Department was enriched by the repairs, but the school was not impoverished in a manner that justified recovery, as the insurance payout became part of the school's estate and the school itself was the primary beneficiary of the improvements. The relationship between the school and the Department, statutory obligations regarding maintenance and insurance, and the equitable considerations under…

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• Unjustified Enrichment
• Subrogation
• Necessary Improvements
• Lawful Occupier
• Collateral Source Rule