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South Africa Case Law

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Delict [2025] ZAGPJHC 646

Jordaan obo S. M. E. v Road Accident Fund (Y2012/202045)

Jordaan obo S. M. E. v Road Accident Fund (Y2012/202045) [2025] ZAGPJHC 646 (27 June 2025)

Road Accident Fund quantum judgment for a minor injured in a motor vehicle collision, with liability settled at 100% and loss of earnings awarded.

  • Road Accident Fund Act
  • General Damages
  • Loss Of Earnings
  • Contingency Deductions
  • Curator Ad Litem
  • Trust For Minor
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Civil Procedure [2025] ZAGPJHC 508

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253)

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253) [2025] ZAGPJHC 508 (26 May 2025)

The High Court struck an urgent application for lack of urgency, finding the applicants failed to meet Rule 6(12) and Luna Meubel requirements.

  • Urgent Interdict
  • Body Corporate Management
  • Curator Ad Litem
  • Building Regulations
  • Conflict Of Interest
  • Urgent-application
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Family And Children [2025] ZAWCHC 212

S.L v A.C (Reasons) (2024/143281)

S.L v A.C (Reasons) (2024/143281) [2025] ZAWCHC 212 (21 May 2025)

High Court contempt reasons in a Rule 43 maintenance dispute. The respondent was found in contempt for non-payment of rental and arrears; a curator ad litem application failed.

  • Rule 43 Maintenance
  • Contempt Of Court
  • Arrear Maintenance
  • Curator Ad Litem
  • Punitive Costs
  • Rule-43-maintenance
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Family And Children [2025] ZAGPPHC 118

TCE v EE (113234/2023)

TCE v EE (113234/2023) [2025] ZAGPPHC 118 (6 February 2025)

The court held that, given the ages and maturity of K and T, their strong desire for independent representation, and the history of feeling excluded and unheard by the curator ad litem, it was appropriate and necessary to confirm the appointment of Adv Strauss as their legal representative. The court distinguished the roles of the curator ad litem (best interests) and the child-directed legal representative (expressed wishes), finding that both roles can coexist depending on the facts. The court found no mala fides in Adv Strauss’s conduct, acknowledged her procedural errors but determined th…

  • Legal Representation Of Children
  • Curator Ad Litem
  • Divorce Proceedings
  • Best Interests Of Child
  • Section 28 Constitution
  • Section 6 Divorce Act
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Civil Procedure [2025] ZAGPPHC 3

S.A.S v J.M.S (2022/32681)

S.A.S v J.M.S (2022/32681) [2025] ZAGPPHC 3 (6 January 2025)

The court found that the respondent, having withdrawn the appeal, is to be treated as an unsuccessful litigant and is liable for the costs of the appeal and the application for leave to appeal. There was no evidence of a compromise between the parties that each would pay their own costs. The correspondence and notices unequivocally reserved the costs to be argued in the main application, and no agreement to the contrary was reached. The argument that the costs issue was res judicata was rejected, as it conflated the main application with the subsequent appeal process. The court exercised its…

  • Withdrawal Of Appeal
  • Costs Liability
  • Curator Ad Litem
  • Rule 41
  • Minor Children
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Family And Children [2024] ZAGPPHC 1372

B.S v M.J.J.D.J and Another (2024/061371)

B.S v M.J.J.D.J and Another (2024/061371) [2024] ZAGPPHC 1372 (26 December 2024)

The Court found that the applicant failed to establish any factual or legal basis for the relief sought. The applicant's concerns about the strength of the medication were unsupported by evidence, and she did not dispute the necessity or professional prescription of the treatment. The respondents provided overwhelming evidence that the medical care was appropriate, necessary, and in the child's best interests. The applicant's refusal of consent was found to be unreasonable and motivated by personal interests rather than the child's welfare. The legislative framework, including section 129(4)…

  • Best Interests Of Child
  • Medical Consent
  • Curator Ad Litem
  • Children S Act
  • Rule 57 Procedure
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Family And Children [2024] ZAKZPHC 112

N.J.B.D. v C.D (8780/2021P)

N.J.B.D. v C.D (8780/2021P) [2024] ZAKZPHC 112 (27 November 2024)

High Court family matter on a child contact dispute, expert evaluation, and urgency. The court ordered phased contact, appointed a curator ad litem and case co-ordinator, and awarded punitive costs.

  • Best Interests Of Child
  • Parental Responsibilities And Rights
  • Forensic Evaluation
  • Curator Ad Litem
  • Contact And Visitation
  • Costs Order
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Delict [2024] ZAFSHC 221

Louw N.O obo O.O v Road Accident Fund (304/2019)

Louw N.O obo O.O v Road Accident Fund (304/2019) [2024] ZAFSHC 221 (4 June 2024)

The court found that the minor suffered significant injuries, including mild to moderate traumatic brain injury and orthopaedic injuries, as a direct result of the collision. Expert evidence established that these injuries led to neurocognitive and psychological deficits, negatively impacting the minor's educational attainment and future earning capacity. The court accepted the actuarial calculations and expert opinions, finding that the minor would have achieved matric and a post-school certificate but for the accident, and now, with support, may still complete matric but with reduced earnin…

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • General Damages
  • Contingency Deductions
  • Curator Ad Litem
  • Trust Protection Of Award
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Civil Procedure [2024] ZAGPJHC 479

Louw obo Msibi v Road Accident Fund (34385/2019)

Louw obo Msibi v Road Accident Fund (34385/2019) [2024] ZAGPJHC 479 (20 May 2024)

The High Court awarded damages for loss of earnings after a severe road accident injury, rejecting higher contingency deductions and awarding costs on scale B.

  • Road Accident Fund Act
  • Loss Of Earnings
  • Contingency Deductions
  • Curator Ad Litem
  • Quantification Of Damages
  • Road-accident-fund
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Delict [2024] ZANWHC 92

Sibuyi N.O obo MMG v Road Accident Fund (RAF 68/2022)

Sibuyi N.O obo MMG v Road Accident Fund (RAF 68/2022) [2024] ZANWHC 92 (27 March 2024)

The court found that the plaintiff had proved, on a balance of probabilities, entitlement to general damages and future loss of earnings for [M…M…G] arising from severe injuries sustained in the motor vehicle collision. The expert evidence was uncontested, establishing permanent neurocognitive and neurophysical impairment, functional unemployability, and significant loss of amenities of life. The court accepted the actuarial scenario with a 25% post-morbid contingency deduction, factoring in the disability grant received. The quantum awarded for future loss of earnings was R999,551.25, and fo…

  • Road Accident Fund Act
  • General Damages
  • Future Loss Of Earnings
  • Contingency Deduction
  • Curator Ad Litem
  • Costs Of Suit
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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.