South Africa Case Law

Barnard obo Cakwebe v Road Accident Fund (2916/2013)

Barnard obo Cakwebe v Road Accident Fund (2916/2013) [2016] ZAECPEHC 71; 2017 (1) SA 245 (ECP) (25 October 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2916/2013

Judge

Goosen

Section 17(4)(a) of the Road Accident Fund Act is not limited to health-related services regulated by tariffs under the National Health Act. The phrase 'in accordance with the tariff contemplated in subsection (4B)' serves only to restrict the Fund's liability for services subject to prescribed tariffs, not to confine the scope of the undertaking. The legislative history and established judicial interpretation support a broad reading that includes the costs of a domestic assistant and a curator bonis. The restrictive interpretation adopted in Mphirime is rejected. The undertaking furnished by…

Source excerpt

• Road Accident Fund Act
• Future Medical Expenses
• Statutory Interpretation
• Curator Bonis Costs
• Domestic Assistant Claims

Molete v MEC for Health, Free State (2155/09)

Molete v MEC for Health, Free State (2155/09) [2012] ZAFSHC 125 (21 June 2012)

Court

Free State High Court, Bloemfontein

Case number

2155/09

Judge

Rampai

High Court damages ruling for a child injured after misdiagnosis and delayed treatment, addressing future earning capacity, medical costs, and general damages.

• Medical Negligence
• Quantification Of Damages
• Future Loss Of Earning Capacity
• Future Medical Expenses
• General Damages
• Curator Bonis Costs