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South Africa decisions
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Van Vuuren v Mec for Health, Gauteng Province (054/2024) [2025] ZASCA 76 (4 June 2025)
The Supreme Court of Appeal dismissed an appeal about late notice under the organ-of-state proceedings Act, holding condonation was unnecessary on the appellant’s own version.
Malatjie and Others v South African Custodial Management (Pty) Ltd (834/2021) [2025] ZALMPTHC 8 (14 April 2025)
The court found that the first plaintiff, Ronny Malatjie, was assaulted by a correctional officer (Munyai) on 30 April 2021, as evidenced by medical reports and corroborated testimony. However, the extent of the assault was exaggerated; only a slap and restraint were proved, not the alleged kicking or severe beating. The claim for constitutional damages was dismissed, as common law damages suffice to vindicate the rights infringed. The secondary plaintiffs failed to prove actionable emotional shock, as no psychiatric injury was diagnosed and their symptoms did not meet the legal threshold. Th…
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Lehubu and Others v Minister of Police (2023/013524) [2025] ZAGPJHC 172 (11 February 2025)
Default judgment was granted for unlawful assault, property damage, and emotional shock after SAPS officers allegedly entered a home without a warrant and assaulted the first plaintiff.
T.M v Minister of Police (33413/2015) [2025] ZAGPPHC 46 (21 January 2025)
The High Court held that the plaintiff made out a case that he witnessed police assault and humiliate his father, causing emotional shock and psychological trauma.
Matli v Minister of Police (3884/2022) [2024] ZAFSHC 331 (24 October 2024)
The court found that the applicant was a lay person who acted promptly upon receiving correct legal advice, and that her initial delay was due to reliance on an attorney lacking expertise in personal injury claims. The respondent failed to demonstrate any unreasonable prejudice resulting from the late notice, as the facts were clear, the SAPS driver was identified, and the matter was investigated internally. The court emphasized the constitutional right of access to courts and held that technical non-compliance should not bar the applicant from pursuing her claim. The requirements for condona…
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Nkabinde v Minister of Police (50315/2010) [2024] ZAGPPHC 678 (17 July 2024)
High Court damages judgment awarding general damages after a police shooting caused the death of the plaintiff’s wife, with compensation for the plaintiff and two minor children.
Mngadi v Myeza (D103/2020; D102/2020) [2024] ZAKZDHC 33 (4 June 2024)
High Court quantum judgment awarding damages for trauma after a hostage incident and attorney negligence causing prescription of claims.
L.R.M and Others v Mnquma Local Municipality and Another (453/2020) [2022] ZAECMKHC 64 (20 September 2022)
The court found that Mr Tukani was acting within the course and scope of his employment as defined by his job description, which included law enforcement and community protection functions beyond merely guarding the mayor. His actions in responding to a violent incident and firing his firearm were sufficiently linked to his employment duties. The municipality failed to rebut the objective scope of his responsibilities. Even if Tukani was not strictly within his assigned duties, his conduct was closely connected to the municipality's business. The court further held that Tukani's firing of the…
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Hlatshwayo and Others v Member of the Executive Council for Health: Mpumalanga (890/2017) [2022] ZAMPMBHC 22 (30 March 2022)
The court found that the applicant failed to establish good cause for condonation of late notice as required by Section 3(4)(b) of the Act. Although the debt had not prescribed, the applicant did not provide sufficient explanation for the delay between the death of the deceased and the service of notice, nor for the subsequent delay in launching the condonation application. The evidence presented did not demonstrate a detectable psychiatric injury, as required for claims based on emotional shock. The applicant's reliance on counselling and pastoral support was unsupported by admissible expert…
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MNK and Another v MEC for Health, Gauteng Province (9407 /2017) [2022] ZAGPJHC 175 (25 March 2022)
High Court quantum judgment on damages for a child born with cerebral palsy after medical negligence, including the mother’s general damages and future care costs.
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