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South Africa decisions
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Mohlala v Road Accident Fund (13129/2022) [2024] ZAGPJHC 1276 (29 November 2024)
The High Court refused default judgment in a Road Accident Fund claim, finding that the available affidavit and accident report did not prove driver negligence.
J.M obo M.M v Imerys Refractory Minerals SA (Pty) Ltd (1958/2018) [2023] ZALMPPHC 104 (6 November 2023)
The High Court found a mine operator liable after a child fell into an unfenced disused quarry used by community members and livestock.
Y.D obo I.D v Road Accident Fund (3238/2022) [2023] ZAECMKHC 50 (21 April 2023)
The High Court held the Road Accident Fund liable for 100% of proven damages after a Taxi struck an 8-year-old child crossing the road.
Z obo Plaintiff v Road Accident Fund (3462/2017) [2023] ZAFSHC 54; [2023] 2 All SA 563 (FB) (22 February 2023)
A minor pedestrian’s RAF claim succeeded after severe accident injuries caused lasting cognitive, orthopaedic, and psychological harm, with damages and future medical cover ordered.
SMS v City of Johannesburg Metropolitan Municipality (9165//2017) [2022] ZAGPJHC 55 (11 February 2022)
The High Court dismissed a claim against Johannesburg over a child’s injury at an uncovered manhole, finding no negligence and no proved causation.
Grobbelaar v P.K (4962/2017) [2018] ZAECGHC 73 (21 August 2018)
Leave to appeal was dismissed in a dog-bite delict case involving actio de pauperie, provocation, and a minor child’s presence on a boundary wall.
Kohl v Grobbelaar (4962/2017) [2018] ZAECGHC 38 (22 May 2018)
The court found that Reece, being under 10 years old, was doli et culpae incapax and could not be held culpable for trespass or provocation. The defendant failed to prove that Reece's conduct constituted provocation sufficient to exclude liability under actio de pauperie, as merely sitting on the boundary wall did not amount to substantial negligence or imprudence. The dog acted contra naturam by attacking a child who had not provoked it. Regarding lawful presence, the court held that Reece's position on the wall did not render him unlawfully present, especially given his incapacity and the l…
Source excerpt
N Obo N v Road Accident Fund (17439/2013) [2015] ZAGPJHC 77 (27 April 2015)
The High Court found the Road Accident Fund 100% liable after a child pedestrian was struck, holding the Fund failed to rebut doli incapax or prove contributory negligence.
Mguzulwa v Road Accident Fund (404/2008) [2009] ZAECHC 13 (29 January 2009)
The court held that the insured driver was solely negligent in colliding with a child cyclist and that the defendant failed to prove the minor was doli capax.
Birch v S (SS118/1999) [2006] ZAWCHC 81 (24 March 2006)
The High Court dismissed Claude Birch’s appeal against conviction and sentence, rejecting his claim that intoxication and drugs left him doli incapax.
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