South Africa Case Law

Minister of Police v Gamede (A3010/2022)

Minister of Police v Gamede (A3010/2022) [2024] ZAGPJHC 135 (15 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A3010/2022

Judge

G Malindi

The court held that the Magistrate correctly awarded R150 000.00 in general damages for unlawful arrest and detention, considering the respondent's deprivation of liberty, loss of dignity, humiliation, emotional shock, discomfort, and contumelia. The amendment to the particulars of claim to include loss of earnings was a separate claim and its dismissal did not affect the quantum of general damages. The Minister conceded the arrest was unlawful and did not plead contributory conduct by the respondent. The court found that interest should only run from the date of judgment, as the claim was no…

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• Unlawful Arrest
• Unlawful Detention
• Quantification Of Damages
• Interest On Unliquidated Claims

Minister of Police v Masibi (A3051/2022)

Minister of Police v Masibi (A3051/2022) [2023] ZAGPJHC 1389 (29 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3051/2022

Judges

Botsi-Thulare, Noko

The court found that the jurisdictional facts for a lawful arrest without warrant were not established, as neither the Sergeant nor the Captain who ordered and effected the arrest testified to their suspicion or its reasonableness. The Constable's evidence was inadmissible hearsay, as she was not the arrestor and could not speak to the state of mind of those who ordered or effected the arrest. The respondent was not implicated by any direct or indirect evidence, nor was his exculpatory explanation investigated. The court a quo's findings on unlawful arrest and detention were upheld. Regarding…

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• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Hearsay Evidence
• Damages Assessment
• Interest On Unliquidated Claims

Watson and Another v Renasa Insurance Company Limited (14664/2012)

Watson and Another v Renasa Insurance Company Limited (14664/2012) [2019] ZAWCHC 7; [2019] 2 All SA 280 (WCC); 2019 (3) SA 593 (WCC) (14 February 2019)

Court

Western Cape High Court, Cape Town

Case number

14664/2012

Judge

J Cloete

The court found that the plaintiff's inability to reinstate the damaged machinery was a direct result of the defendant insurer's persistent refusal to pay or tender any amount under the policy, including the indemnity value. The insurer's conduct placed the plaintiff in an untenable financial position, making reinstatement impossible despite his genuine and continuing intention to do so. The court held that the reinstatement value conditions (RVC) clause remained applicable, and the defendant could not rely on the plaintiff's inability to reinstate as a defence, especially where the insurer f…

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• Insurance Contracts
• Indemnity Principles
• Reinstatement Value
• Interest On Unliquidated Claims
• Contra Proferentem
• Policy Interpretation

Transnet Rail Engineering Limited v Courier and Freight Group (Pty) Ltd and Another (3199/2010)

Transnet Rail Engineering Limited v Courier and Freight Group (Pty) Ltd and Another (3199/2010) [2014] ZAFSHC 136 (4 September 2014)

Court

Free State High Court, Bloemfontein

Case number

3199/2010

Judge

Lekale

The High Court held that the plaintiff could recover reasonable replacement costs for a lost turbo-charger, plus interest from the date of demand and costs.

• Contractual Liability For Loss
• Quantification Of Damages
• Expert Evidence
• Interest On Unliquidated Claims
• Quantification-of-damages
• Interest-on-unliquidated-claims

Human v Smith (CA & R 27/01)

Human v Smith (CA & R 27/01) [2002] ZANCHC 18 (24 May 2002)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 27/01

Judges

Majiedt, Lacock

The court corrected a magistrate’s damages calculation in a vineyard-loss appeal, held some hearsay admissible in the interests of justice, and varied costs.

• Negligence
• Damages Quantification
• Hearsay Evidence
• Interest On Unliquidated Claims
• Delict
• Damages-quantification

General Accident Insurance Co (SA) Ltd v Summers; In re: Southern Versekerings Assosiasie BPK: General Accident Insurance Co (SA) Ltd (456/85)

General Accident Insurance Co (SA) Ltd v Summers; In re: Southern Versekerings Assosiasie BPK: General Accident Insurance Co (SA) Ltd (456/85) [1987] ZASCA 65; [1987] 2 All SA 345 (A) (2 June 1987)

Court

Supreme Court of Appeal

Case number

456/85

Judges

Rabie, Jansen, Viljoen, Hoexter, Botha

The Supreme Court of Appeal held that there is no absolute rule requiring damages for loss of support or earning capacity to be discounted to the date of the delict. The court found that such an approach may be unfair to plaintiffs who only receive payment years after the delict occurred, as it would not fully compensate them for their actual losses. The court endorsed the method of awarding past losses undiscountered and discounting future losses to the date of trial, provided proper allowance is made for contingencies. This approach is consistent with actuarial practice and the aim of placi…

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• Assessment Of Damages
• Loss Of Earning Capacity
• Loss Of Support
• Discounting Of Future Losses
• Contingencies In Damages
• Interest On Unliquidated Claims