South Africa Case Law

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009)

Welverdiend Community v Minister of Rural Development and Land Reform and Others (LCC75/2009) [2025] ZALCC 4 (14 January 2025)

Court

Land Claims Court

Case number

LCC 75/2009

Judge

S Yacoob

The Land Claims Court awarded the Welverdiend Community monetary compensation and a nominal solatium for dispossession, while rejecting special damages and limiting fees.

• Restitution Of Land Rights Act
• Equitable Redress
• Solatium
• Financial Compensation Policy
• Contingency Fees
• Costs Award

TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017)

TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017) [2023] ZAECBHC 3; 2023 (3) SA 270 (ECB) (7 February 2023)

Court

Eastern Cape High Court, Bhisho

Case number

36/2017

Judge

Griffiths

The court found that the common law should be developed to accommodate the public healthcare and undertaking to pay remedies in medical negligence claims against the state. This development is justified under sections 39(2) and 173 of the Constitution, as the existing rules (once and for all and monetary damages) increasingly undermine the state's ability to fulfil its constitutional obligations to provide healthcare to the broader population. The court determined that the appropriate standard for public healthcare services is a reasonable standard, not necessarily equivalent to private secto…

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• Medical Negligence
• Public Healthcare Remedy
• Development Of Common Law
• Once And For All Rule
• Undertaking To Pay
• Contingency Fees

South African Legal Practice Council v Tau and Others (73871/18)

South African Legal Practice Council v Tau and Others (73871/18) [2020] ZAGPPHC 688 (30 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

73871/18

Judges

N. Skibi, C.J. van der Westhuizen

The first respondent, an attorney, was found to have contravened multiple provisions of the Legal Practice Act, Attorneys Act, and professional rules. He failed to account to clients, misappropriated trust funds, and operated without a fidelity fund certificate. Seven clients' Road Accident Fund claims were paid into the firm's trust account but not transferred to them, resulting in a trust account deficit exceeding R2.3 million. The respondent did not oppose the application or provide any explanation. The court held that, based on the evidence and the applicable legal framework, including th…

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• Attorneys Act
• Legal Practice Act
• Misappropriation Of Trust Funds
• Professional Misconduct
• Striking Off Roll
• Contingency Fees

Cowan v Road Accident Fund (17541/2016)

Cowan v Road Accident Fund (17541/2016) [2020] ZAGPPHC 686 (4 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

17541/2016

Judge

Maumela

The High Court awarded A Cowan damages against the Road Accident Fund after a motor vehicle accident, including general damages, loss of earnings, and a section 17(4)(a) undertaking.

• Road Accident Fund Act
• General Damages
• Loss Of Earnings
• Contingency Fees
• Future Medical Expenses
• Road-accident-fund

Nkala and Others (44060/18), Ex parte

Nkala and Others (44060/18), Ex parte [2019] ZAGPJHC 260 (26 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

44060/18

Judges

Windell, Mojapelo

The court finds that the settlement agreement is fair, reasonable, and adequate for all class members. The agreement provides meaningful compensation for silicosis and tuberculosis claims, in addition to statutory benefits under ODIMWA. The Trust is adequately funded, with unlimited liability secured by guarantees, and structured to locate and compensate eligible claimants efficiently. The opt-out procedure protects the rights of high-value claimants. The settlement avoids the risks, costs, and delays of protracted litigation, which could last over a decade and result in significant claimant…

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• Class Action Settlement
• Occupational Diseases In Mines And Works Act
• Compensation For Occupational Disease
• Trust Administration
• Settlement Approval Standard
• Contingency Fees

Nkonde v Road Accident Fund (50571/ 2016)

Nkonde v Road Accident Fund (50571/ 2016) [2019] ZAGPPHC 315 (19 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

50571/2016

Judge

A Vorster

The court found that both the plaintiff's and defendant's attorneys failed in their duty to ensure the matter was prosecuted in the correct forum and to curtail unnecessary costs. The quantum of the claim fell within the Magistrate's Court jurisdiction, and both sets of attorneys neglected opportunities to transfer the matter accordingly. The court exercised its discretion to sanction both attorneys: the plaintiff's attorney may only recover costs on the Magistrate's Court scale and is precluded from recovering legal costs from the capital of the plaintiff's claim; the defendant's attorneys'…

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• Road Accident Fund Act
• Costs Awards
• Forum Jurisdiction
• Contingency Fees
• Expert Evidence
• General Damages

Ramphokwane v Road Accident Fund (RAF343/2014)

Ramphokwane v Road Accident Fund (RAF343/2014) [2018] ZANWHC 35 (15 March 2018)

Court

North West High Court, Mafikeng

Case number

RAF343/2014

Judge

R D Hendricks

High Court damages judgment in a Road Accident Fund claim, awarding compensation for medical expenses, general damages, and past and future loss of earnings.

• Road Accident Fund
• Loss Of Earnings
• General Damages
• Contingency Fees
• Expert Evidence
• Road-accident-fund

Cawood NO obo Cloete v Road Accident Fund (82369/2014)

Cawood NO obo Cloete v Road Accident Fund (82369/2014) [2017] ZAGPPHC 828 (13 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

82369/2014

Judge

Fourie

High Court damages ruling on Road Accident Fund loss of earnings, stressing objective evidence over unsupported expert assumptions.

• Road Accident Fund Act
• Loss Of Earnings
• Expert Evidence
• Contingency Fees
• Curatorship
• Road-accident-fund

Law Society of the Northern Provinces v Morabadi (15293/2016)

Law Society of the Northern Provinces v Morabadi (15293/2016) [2017] ZAGPPHC 43 (9 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

15293/2016

Judges

Nochumsohn, Molopa-Sethosa

The High Court dismissed a law society application to strike an attorney from the roll, finding the misconduct proven was not enough for striking off or suspension.

• Attorneys Act
• Disciplinary Proceedings
• Fiduciary Duties
• Contingency Fees
• Misappropriation Of Funds
• Attorneys-discipline

Chiloane obo M.P.M v Road Accident Fund (31119/2014)

Chiloane obo M.P.M v Road Accident Fund (31119/2014) [2016] ZAGPPHC 614 (13 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

31119/2014

Judge

Van der Westhuizen

The High Court quantified damages for a minor injured in a motor vehicle accident, ordered a Road Accident Fund undertaking, and directed that the award be administered through a trust.

• Road Accident Fund
• Quantum Of Damages
• Contingency Fees
• Trust Establishment For Minor
• Future Medical Expenses
• Loss Of Earning Capacity