South Africa Case Law

Matli v Minister of Police (3884/2022)

Matli v Minister of Police (3884/2022) [2024] ZAFSHC 331 (24 October 2024)

Court

Free State High Court, Bloemfontein

Case number

3884/2022

Judge

Daffue

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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• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Emotional Shock
• Funeral Expenses
• Access To Court

N.G and Others v Road Accident Fund (3504/2013)

N.G and Others v Road Accident Fund (3504/2013) [2023] ZAECQBHC 23 (4 April 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3504/2013

Judge

M Makaula

The High Court held the Road Accident Fund liable for loss of support and funeral expenses after finding the deceased died from accident-related head injuries.

• Loss Of Support
• Novus Actus Interveniens
• Causation
• Funeral Expenses
• Wrongful Death
• Delict

N on behalf of HMN and Another v Road Accident Fund (05717/19)

N on behalf of HMN and Another v Road Accident Fund (05717/19) [2021] ZAGPJHC 754 (30 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

05717/19

Judge

F Karachi

Default judgment in a Road Accident Fund claim for loss of support and funeral expenses, with the court accepting expert evidence and awarding R2,288,090.

• Loss Of Support
• Road Accident Fund Claim
• Quantification Of Damages
• Dependency Claim
• Funeral Expenses
• Loss-of-support

T.Z obo Minors v Road Accident Fund (29192/2017)

T.Z obo Minors v Road Accident Fund (29192/2017) [2021] ZAGPPHC 367 (22 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

29192/2017

Judge

Tsatsi

The Court found that a valid customary marriage existed between the Plaintiff and the deceased, based on documentary evidence and affidavits. The marriage, though unregistered, met the substantive requirements of the Recognition of Customary Marriages Act. The Plaintiff and her children, including the adult child, were financially dependent on the deceased, establishing a legal duty of support. The claim for the adult child had not prescribed. The Road Accident Fund is liable for loss of support to the Plaintiff and her children and for reasonable funeral expenses limited to R10,000. The Defe…

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• Loss Of Support
• Customary Marriage
• Road Accident Fund Act
• Duty Of Support
• Funeral Expenses
• Prescription Of Claims

Phadu v Road Accident Fund (LP/PLK/RC84/2017; HCA15/2019)

Phadu v Road Accident Fund (LP/PLK/RC84/2017; HCA15/2019) [2020] ZALMPPHC 78 (21 September 2020)

Court

Limpopo High Court, Polokwane

Case number

HCA15/2019

Judges

M. Naude, M.G Phatudi

The High Court found that the Magistrate erred in setting aside the settlement agreement entered into between the parties. The defendant's alleged mistake was not justus error but gross professional negligence, which does not justify rescission of a binding contract. The parol evidence rule applies, and the written offer and acceptance constitute the exclusive record of the agreement. The Magistrate acted ultra vires by setting aside the contract and ordering further negotiation, as only the High Court, Supreme Court of Appeal, and Constitutional Court have inherent jurisdiction to regulate t…

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• Settlement Agreement
• Contractual Consensus
• Justus Error
• Parol Evidence Rule
• Loss Of Support
• Funeral Expenses

Phadu v Road Accident Fund (HCA15/2019)

Phadu v Road Accident Fund (HCA15/2019) [2020] ZALMPPHC 92 (21 September 2020)

Court

Limpopo High Court, Polokwane

Case number

HCA15/2019

Judges

Naude, M.G Phatudi

The High Court upheld an appeal against setting aside a settlement, finding the accepted offer was binding and could not be rescinded for unilateral mistake.

• Settlement Agreement
• Contractual Consensus
• Justus Error
• Parol Evidence Rule
• Loss Of Support
• Funeral Expenses

Sil and Others v Road Accident Fund (2011/18773)

Sil and Others v Road Accident Fund (2011/18773) [2012] ZAGPJHC 117; 2013 (3) SA 402 (GSJ) (11 June 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2011/18773

Judge

R Sutherland

High Court held that contingencies in a loss-of-support claim are applied before the Road Accident Fund statutory cap, and awarded damages to the plaintiffs.

• Road Accident Fund Act
• Loss Of Support
• Statutory Damages Cap
• Contingencies In Damages
• Funeral Expenses
• Road-accident-fund

Mabaso v Road Accident Fund (6620/08)

Mabaso v Road Accident Fund (6620/08) [2011] ZAFSHC 113 (2 June 2011)

Court

Free State High Court, Bloemfontein

Case number

6620/08

Judge

Moloi

The court upheld a claim for loss of support and funeral expenses arising from a fatal motor accident, finding the plaintiff indigent and supported by the deceased.

• Loss Of Support
• Funeral Expenses
• Duty Of Support
• Indigence
• Quantum Of Damages
• Loss-of-support

Memani v Road Accident Fund (873/07)

Memani v Road Accident Fund (873/07) [2008] ZAECHC 12 (22 February 2008)

Court

High Courts - Eastern Cape

Case number

873/07

Judge

J.C.Froneman

The High Court accepted expert evidence on loss of support and added proved funeral expenses, granting judgment for the appellant with interest and costs.

• Loss Of Support
• Funeral Expenses
• Road Accident Fund Act
• Loss-of-support
• Funeral-expenses
• Road-accident-fund-act

Du Plessis v Road Accident Fund (443/2002)

Du Plessis v Road Accident Fund (443/2002) [2003] ZASCA 86; 2004 (1) SA 359 (SCA); 2003 (11) BCLR 1220 (SCA) (19 September 2003)

Court

Supreme Court of Appeal

Case number

443/2002

Judges

Streicher, Farlam, Cloete, Lewis, Southwood

The Supreme Court of Appeal held that the common law action for loss of support must be developed to include a same-sex partner in a permanent life relationship similar in other respects to marriage, where the deceased owed a contractual duty of support. The court found that the plaintiff and the deceased had a stable, permanent relationship, publicly acknowledged, and had undertaken reciprocal duties of support. Excluding same-sex partners from the dependant's action constituted unfair discrimination on the ground of sexual orientation, contrary to constitutional values of equality and digni…

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• Loss Of Support
• Same Sex Relationships
• Constitutional Equality
• Duty Of Support
• Funeral Expenses
• Development Of Common Law