South Africa Case Law

Topolo v Road Accident Fund (EL 359/2014)

Topolo v Road Accident Fund (EL 359/2014) [2023] ZAECELLC 33 (26 September 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 359/2014

Judge

Madyibi

The Court found that the death of the plaintiff's attorney, Mr Jekubeni, on the same day the summons was issued, created an objective impossibility that prevented the service of summons on the defendant before the expiry of the five-year prescription period. The plaintiff only became aware of the attorney's death after the prescription period had lapsed and had no means to serve the summons or prevent prescription. Applying the impossibility principle as articulated in Van Zyl N.O. v Road Accident Fund, the Court held that prescription did not run during the period of impossibility. The defen…

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• Prescription
• Road Accident Fund Act
• Impossibility
• Special Plea
• Service Of Summons

BoE Trust Ltd NO and Another (in their capacities as co-trustees of the Jean Pierre De Villiers Trust 5208/2006) (846/11)

BoE Trust Ltd NO and Another (in their capacities as co-trustees of the Jean Pierre De Villiers Trust 5208/2006) (846/11) [2012] ZASCA 147; 2013 (3) SA 236 (SCA) (28 September 2012)

Court

Supreme Court of Appeal

Case number

846/11

Judges

Cloete, Malan, Shongwe, Pillay, Erasmus

The Supreme Court of Appeal held that the testatrix's intention was clear: if it became impossible to implement the bursary bequest for 'White' South African students, the trust income should be distributed to named charitable organisations. The impossibility arose because all relevant universities refused to participate due to the racially exclusive condition, rendering the bursary bequest impossible to implement. The court distinguished the present case from Emma Smith, where no alternative was provided in the will. Here, the testatrix foresaw impossibility and provided an alternative. The…

Source excerpt

• Freedom Of Testation
• Public Policy
• Racial Discrimination
• Testamentary Trust
• Impossibility
• Constitutional Rights

Pizani v Minister of Defence (75/87)

Pizani v Minister of Defence (75/87) [1987] ZASCA 73 (25 August 1987)

Court

Supreme Court of Appeal

Case number

75/87

Judges

Corbett, Hefer, Grosskopf, Vivier, Steyn

The court held that the appellant’s claim was time-barred under section 113(1) of the Defence Act and dismissed the appeal with costs.

• Statutory Time Bar
• Expiry Period
• Duty Of Care
• Medical Negligence
• Impossibility
• Replication