South Africa Case Law

Minnies v Ayshlie and Another (23032/2014)

Minnies v Ayshlie and Another (23032/2014) [2021] ZAWCHC 24 (12 February 2021)

Court

Western Cape High Court, Cape Town

Case number

23032/2014

Judge

Binns-Ward

The court found that while the plaintiff's injuries were sustained in the course of his employment, they did not arise out of his employment as required by COIDA section 35(1). The risk of being shot by a police officer playing with a firearm is not an incidental risk attaching to employment as a cleaner at a police station. The court distinguished the facts from Minister of Justice v Khoza, where the injured party was a police constable engaged in armed duties. Here, the plaintiff's duties did not involve firearms or exposure to such risks. The Minister failed to discharge the onus of provin…

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• Vicarious Liability
• Compensation For Occupational Injuries Act
• Special Plea
• Occupational Injury Definition
• Exclusivity Doctrine

Minister of Defence and Military Veterans v Thomas (CCT168/14)

Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26; 2016 (1) SA 103 (CC); (2015) 36 ILJ 2751 (CC); 2015 (10) BCLR 1172 (CC) (25 August 2015)

Court

Constitutional Court

Case number

CCT 168/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Madlanga, Molemela, Nkabinde, Theron, Tshiqi

The Constitutional Court held that, for purposes of the Compensation for Occupational Injuries and Diseases Act, the employer is the appointing authority within the relevant sphere of government, not the State as a single entity. The Act's definition of 'employer' and related provisions, including sections 39(2) and 84(1), indicate that the heads of departments in national and provincial government are individually liable as employers. The Court found that the Minister's interpretation, which would treat the State as a single employer and preclude Dr Thomas's claim for workplace damages, is n…

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• Compensation For Occupational Injuries Act
• Definition Of Employer
• Bodily Integrity
• Workplace Damages
• Bill Of Rights Limitation
• Public Service Act Interpretation

Urquhart v Compensation Commissioner (ECJ 072/2005)

Urquhart v Compensation Commissioner (ECJ 072/2005) [2005] ZAECHC 32; [2006] 2 All SA 80 (E); [2006] 1 BLLR 96 (E); 2006 (1) SA 75 (E); (2006) 27 ILJ 96 (E) (9 September 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 072/2005

Judges

Jones, Erasmus

The court held that PTSD from cumulative work stressors can qualify as an accident under the Act, and allowed the compensation appeal on the merits.

• Compensation For Occupational Injuries Act
• Post Traumatic Stress Disorder
• Definition Of Accident
• Occupational Disease
• Multiple Causation
• Judicial Review Of Costs