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South Africa Case Law

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Delict [2017] ZAGPPHC 142

Stols v Road Accident Fund (76180/2014)

Stols v Road Accident Fund (76180/2014) [2017] ZAGPPHC 142 (3 May 2017)

Court
North Gauteng High Court, Pretoria
Case number
76180/2014
Judge
M J Teffo

The court found that the plaintiff was driving at an excessive speed when approaching the roadworks, despite the reduced speed limit and visible signage. The plaintiff failed to maintain proper control and did not exercise the degree of care expected of a reasonable driver under the circumstances. The impact and severity of the accident, including the ejection of occupants and dislocation of a tyre, indicated that the plaintiff did not reduce his speed as claimed. The evidence of the defendant's witness was accepted as credible and provided a clear account of the accident. The court concluded…

Source excerpt

  • Contributory Negligence
  • Apportionment Of Damages Act
  • Motor Vehicle Accident
  • Standard Of Care
  • Excessive Speed
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Criminal Law [2007] ZAKZHC 29

S v De Vos (DR710/07)

S v De Vos (DR710/07) [2007] ZAKZHC 29; 2008 (1) SACR 175 (N) (25 October 2007)

Court
High Courts - Kwazulu Natal
Case number
DR710/07
Judges
Patel, Swain

The magistrate exceeded his jurisdiction by imposing a fine of R100,000, as the Magistrates' Courts Act limits fines to R60,000 unless the relevant statute prescribes otherwise. The Road Traffic Act does not specify a maximum fine, so the general limit applies. The conviction is confirmed, but the sentence is set aside and replaced with a fine of R60,000 or three years imprisonment, with one-third suspended for five years on condition of no further contravention of Section 59 during the suspension period. The matter was properly disposed of by special review rather than appeal, as the proceed…

Source excerpt

  • Road Traffic Act
  • Sentencing Jurisdiction
  • Excessive Speed
  • Magistrates Court Powers
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.