South Africa Case Law

De Necker v MEC for the Department of Health, Free State Province (2399/2012)

De Necker v MEC for the Department of Health, Free State Province (2399/2012) [2013] ZAFSHC 178; 2014 (3) SA 49 (FB) (23 October 2013)

Court

Free State High Court, Bloemfontein

Case number

2399/2012

Judge

B.C. Mocumie

The court held that the incident in which the plaintiff was assaulted and raped while on duty was not an 'accident' as contemplated by section 35 of COIDA. Although the incident was unexpected, it was intentional and deliberate, which does not fall within the ordinary or judicial meaning of 'accident' under COIDA. Furthermore, there was no causal connection between the plaintiff's employment and the attack, as the perpetrator was not authorized to be on the premises and the motive for the attack was unrelated to the plaintiff's duties. The risk of such an assault was not a natural incidence o…

Source excerpt

• Compensation For Occupational Injuries
• Definition Of Accident
• Causal Connection
• Intentional Criminal Act
• Statutory 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