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South Africa decisions
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D.M.M v Minister of Police and Another (1907/2017) [2025] ZALMPPHC 136 (21 July 2025)
The High Court awarded R70,000 for unlawful arrest and detention after admitting liability, finding the plaintiff endured degrading conditions, humiliation, and about 38 hours in custody.
N.O.R v Member of the Executive Council for Health, Gauteng (47322/2017) [2025] ZAGPPHC 398 (11 April 2025)
Quantum judgment in a medical negligence claim involving a child with cerebral palsy and the mother’s related damages. The court applied a 30% contingency and awarded general damages.
L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022) [2025] ZANWHC 64 (20 March 2025)
The court held the provincial health department liable for negligent maternity care that led to a newborn’s death and related emotional harm to the parents.
P. v Housing Development Agency (21/50612) [2024] ZAGPJHC 234 (4 March 2024)
The court held that the defendant's exception to Claim A, based on COIDA, could not be upheld at the exception stage because the applicability of COIDA requires a factual determination that cannot be made solely on the pleadings. The defendant must plead COIDA as a defence and bear the onus of proving its applicability. Regarding Claim B, the court found that constitutional damages are not available in addition to common law damages arising from the same facts, as established by Fose and subsequent case law. The plaintiff failed to plead facts demonstrating that constitutional damages are the…
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J.H.R.P v Road Accident Fund (2457/2012) [2023] ZAFSHC 462 (1 November 2023)
The court awarded R318,000 in general damages to a plaintiff injured as a toddler in a 2004 collision, finding lasting psychological and developmental harm.
Khumalo v Minister of Police and Another (3046/2013) [2021] ZAFSHC 313 (25 November 2021)
The court found that the plaintiff was unlawfully arrested and assaulted by the second defendant, resulting in physical and emotional harm. However, the expert evidence regarding post-traumatic stress disorder was inconclusive and did not establish on a balance of probabilities that the PTSD was caused solely by the arrest and assault. Consequently, the claims for future medical expenses and loss of income based on PTSD were dismissed. The plaintiff's claim for past medical expenses was accepted as uncontradicted. In determining general damages, the court considered the seriousness of the inf…
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Komape and Others v Minister of Basic Education (1416/2015) [2018] ZALMPPHC 18 (23 April 2018)
The court found that the defendants were liable for the death of Michael Komape due to their negligent breach of duty of care and constitutional obligations regarding safe sanitation in schools. However, the plaintiffs failed to prove recognisable psychiatric injury resulting from grief, as required by South African law, and thus claims for grief damages were dismissed. The court held that constitutional damages in the form of punitive compensation were not appropriate. Instead, a structural interdict compelling the state to provide safe and adequate toilets at rural schools was granted as th…
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Moeng v S (A138/2013) [2013] ZAGPJHC 259 (23 October 2013)
Appeal against murder and attempted murder convictions was dismissed, but the sentence was reduced from life imprisonment to 25 years because emotional distress was not given enough weight.
Good Year SA (Pty) Ltd v Weitz (3919/2012) [2013] ZAECPEHC 49; (2014) 35 ILJ 441 (ECP) (17 October 2013)
High Court dismissed an exception to a delictual claim arising from allegedly malicious disciplinary charges and suspension, holding causation and remoteness were for trial.
South African Human Rights Commision v Qwulane (44/EQJHB) [2011] ZAEQC 3 (31 May 2011)
Default judgment in the Equality Court found a newspaper article and cartoon to be hate speech against homosexuals and awarded apology and damages.
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