South Africa Case Law

Mullins v Road Accident Fund (3650/2014)

Mullins v Road Accident Fund (3650/2014) [2016] ZAECPEHC 32 (4 August 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3650/2014

Judge

N G Beshe

The court found that, although the plaintiff failed to produce documentary evidence of his earnings, his oral evidence and the expert reports provided the best available basis for quantification. The court rejected the plaintiff's contention that the disability grant should not be deducted, distinguishing Modibedi on the basis that the present claim was for loss of earnings by the recipient, not loss of support by a dependant. The court held that the disability grant was received as a result of the disability caused by the collision and should be deducted from the award. Regarding contingenci…

Source excerpt

• Road Accident Fund Act
• Loss Of Earnings
• Quantification Of Damages
• Contingency Deduction
• Disability Grant
• Burden Of Proof

Modibedi v The Road Accident Fund (45626/13)

Modibedi v The Road Accident Fund (45626/13) [2015] ZAGPPHC 767 (18 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

45626/13

Judge

Legodi

The court held that a disability grant is not income for the purpose of calculating a loss of support claim. The grant is provided to individuals who are unable to support themselves due to physical or mental disability and is not intended as a replacement for income or as a means to support dependants. Upon the death of the beneficiary, the disability grant lapses and cannot be considered as ongoing income for the purpose of a loss of support claim. The court relied on the Social Assistance Act and its regulations, as well as the Constitutional Court's decision in Coughlan N.O v Road Acciden…

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• Loss Of Support
• Social Grants
• Disability Grant
• Income Definition

Botiyana v Minister of Social Development (1679/14)

Botiyana v Minister of Social Development (1679/14) [2015] ZAECMHC 52 (23 April 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1679/14

Judge

LP Pakade

The High Court reviewed and set aside a disability-grant appeal decision, finding the tribunal failed to follow mandatory medical-assessment procedures.

• Social Assistance
• Promotion Of Administrative Justice Act
• Internal Appeal Procedure
• Disability Grant
• Judicial Review
• Disability-grant

Yekiso v South African Social Securities Agency, Eastern Cape (1328/08)

Yekiso v South African Social Securities Agency, Eastern Cape (1328/08) [2009] ZAECMHC 18 (3 December 2009)

Court

Eastern Cape High Court, Mthatha

Case number

1328/08

Judge

Miller

The High Court dismissed a review of a refused disability grant, holding that duration of illness alone is insufficient and that fresh, current medical evidence was needed.

• Disability Grant
• Review Of Administrative Action
• Social Assistance Act
• Reasonableness Of Decision
• Disability-grant
• Review-of-administrative-action

Ranelo v South African Social Security Agency (1113/08)

Ranelo v South African Social Security Agency (1113/08) [2009] ZAECMHC 7 (4 June 2009)

Court

Eastern Cape High Court, Mthatha

Case number

1113/08

Judge

Miller

High Court review of a disability grant termination: the court held the agency failed to prove proper notice of the grant’s temporary nature and reinstated the grant.

• Termination Of Social Grant
• Procedural Fairness
• Right To Appeal
• Disability Grant
• Administrative Action
• Administrative-law

Rheeder v Rheeder (22675/05)

Rheeder v Rheeder (22675/05) [2007] ZAGPHC 182 (6 September 2007)

Court

High Courts - Gauteng

Case number

22675/05

Judge

R E Rasefate

The court ordered the husband to pay spousal maintenance, finding the wife needy and him able to contribute despite her living with another man.

• Spousal Maintenance
• Reciprocal Duty Of Support
• Disability Grant
• Divorce Act Section 7
• Maintenance Order
• Spousal-maintenance

Mabethu v MEC Social Development Eastern Cape Government (E1241/06)

Mabethu v MEC Social Development Eastern Cape Government (E1241/06) [2006] ZAECHC 68 (4 December 2006)

Court

High Courts - Eastern Cape

Case number

E1241/06

Judge

Jones

The court reviewed and set aside a refusal of a permanent disability grant, finding the applicant was permanently disabled and entitled to the grant.

• Judicial Review
• Disability Grant
• Jurisdictional Fact
• Promotion Of Administrative Justice Act
• Judicial-review
• Disability-grant

Mdeni v MEC for Social Services, Arts, Culture and Sport in the North-West Province (355/05)

Mdeni v MEC for Social Services, Arts, Culture and Sport in the North-West Province (355/05) [2005] ZANWHC 47 (17 June 2005)

Court

North West High Court, Mafikeng

Case number

355/05

Judge

V V Tlhapi

The court found that the applicant failed to provide sufficient evidence to establish whether she was classified as permanently or temporarily disabled under the relevant regulations. The applicant did not clarify the category of disability or provide expert evidence to support her claim of permanent disability. Furthermore, there was no information regarding her actions following the suspension of the grant or whether she attempted to rectify the situation with the respondent. In the absence of necessary details and supporting documentation, the court was unable to interfere with the adminis…

Source excerpt

• Social Assistance Act
• Disability Grant
• Judicial Review Of Administrative Action
• Procedural Fairness