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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 222

Roux N.O and Another v Stemmet N.O and Others (17064/2022)

Roux N.O and Another v Stemmet N.O and Others (17064/2022) [2023] ZAWCHC 222 (23 August 2023)

The court held that the deceased did not personally draft or cause the drafting of 'POC5', nor did he ever receive, peruse, approve, or sign it. The necessary animus revocandi was absent, and the requirements of section 2A(c) of the Wills Act were not met. The impossibility principle does not apply to the execution or revocation of wills under South African law, as the Wills Act is interpreted strictly and does not accommodate exceptions for impossibility in these circumstances. The Plaintiffs' Particulars of Claim do not disclose a cause of action for the relief sought under either section 2…

  • Revocation Of Wills
  • Wills Act Formalities
  • Animus Revocandi
  • Impossibility Principle
  • Exception Procedure
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Civil Procedure [2022] ZAGPPHC 618

Mdunjana v Road Accident Fund (52582/2020)

Mdunjana v Road Accident Fund (52582/2020) [2022] ZAGPPHC 618 (18 August 2022)

The court found that the plaintiff was objectively prevented from delivering his claim to the Road Accident Fund within the prescribed period due to the national COVID-19 lockdown and the closure of the Fund's offices. The impossibility was not of the plaintiff's own making but arose from legal and factual circumstances beyond his control. Applying the maxim lex non cogit ad impossibilia, the court held that prescription did not run during the period of impossibility, and the plaintiff was entitled to lodge his claim within a reasonable period after the offices reopened. The claim was deliver…

  • Prescription
  • Road Accident Fund Act
  • Impossibility Principle
  • Covid19 Lockdown Effects
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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.