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South Africa Case Law

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Civil Procedure [2025] ZAMPMBHC 17

Sealetsa v Road Accident Fund (2457/2022)

Sealetsa v Road Accident Fund (2457/2022) [2025] ZAMPMBHC 17 (24 March 2025)

The High Court dismissed a Road Accident Fund claim for loss of earnings, finding the plaintiff failed to prove the first accident caused the alleged income loss.

  • Loss Of Earnings
  • Expert Evidence
  • Contingency Allowances
  • Multiple Accidents
  • Burden Of Proof
  • Loss-of-earnings
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Delict [2021] ZAFSHC 306

Khakhang v Road Accident Fund (1983/2018)

Khakhang v Road Accident Fund (1983/2018) [2021] ZAFSHC 306 (2 December 2021)

The court assessed damages after liability was settled at 90% in a pedestrian road accident claim, awarding loss of earnings, general damages, and costs.

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • General Damages
  • Contingency Allowances
  • Expert Evidence
  • Road-accident-fund
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Delict [2017] ZAFSHC 206

Myrsini v Road Accident Fund (4166/2013)

Myrsini v Road Accident Fund (4166/2013) [2017] ZAFSHC 206 (9 November 2017)

The court found that the plaintiff's injuries, as supported by expert evidence, rendered her unable to perform her previous work or any sedentary employment. The evidence established that she stopped working due to pain and loss of amenities, and her employment history should not be held against her. The actuarial calculations based on retirement at age 65 were accepted as a fair guideline, with a 50% contingency applied. The court awarded R1,309,849 for loss of earning capacity and R23,506.92 for past medical expenses, finding this to be fair and just compensation in light of the expert evid…

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • Quantification Of Damages
  • Contingency Allowances
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.