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South Africa decisions
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Tshetlanyane v Road Accident Fund (2022/036615) [2025] ZAGPJHC 211 (6 March 2025)
High Court dismissed a Road Accident Fund interim-payment application, holding that an admission of negligence is not an admission of liability for damages under Rule 34A.
Yeomans v MEC for Roads and Public Works of the Eastern Cape Province (3889/2015) [2024] ZAECMKHC 119 (29 October 2024)
The court granted a further interim payment in a personal injury claim, finding rule 34A was met and ordering expedited steps to trial.
Smit v Road Accident Fund (17524/2021) [2024] ZAWCHC 276 (23 September 2024)
The court found that the respondent had admitted liability in its plea and settled the merits of the applicant's claim on a 100% basis, thus satisfying the requirements for interim payment under Rule 34A. The respondent's arguments regarding medical aid subrogation and reliance on internal directives were rejected as contrary to established legal precedent and unlawful. The court held that the WCC award, while relevant for set-off, was not finalised and did not preclude interim relief. The amounts claimed for past hospital and medical expenses and past loss of income were reasonable and suppo…
Source excerpt
P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024)
The High Court removed an urgent contempt and interim-payment application from the roll after finding no urgency, noting a related condonation application was pending.
P.M obo a Minor v MEC for Health Gauteng (2022/23339) [2024] ZAGPJHC 981 (10 September 2024)
An urgent interim-payment application was struck from the roll after repeated non-compliance with prior orders, and the applicant’s lawyer was ordered to pay punitive costs personally.
Sibanda v Affinity Health Insurance and Another (046976/2023) [2024] ZAGPJHC 778 (15 August 2024)
The High Court dismissed a rule 34A application for interim payment because there was no written admission of liability or prior judgment against the defendants.
Jordaan v Road Accident Fund (2022/03746) [2023] ZAGPJHC 1260 (3 October 2023)
The High Court refused default judgment and an interim payment after a late amendment reopened pleadings and the RAF had only admitted negligence, not full liability.
Ngcobo v Oelofse (22236/2013) [2023] ZAGPJHC 950; 2024 (1) SA 233 (GJ) (24 August 2023)
High Court interim-payment application in a personal injury claim. The court granted only a limited monthly medical-aid payment and refused the broader R650,000 request.
Kgagara v Road Accident Fund (2021/28851) [2023] ZAGPJHC 847 (28 July 2023)
The court postponed an interim payment application for medical expenses pending the Constitutional Court appeal in Discovery Health, holding the earlier setting-aside order was suspended.
N.S obo A.S v Member of the Executive Council for the Department of Health Eastern Cape Province (2782/2019) [2023] ZAECMHC 35 (4 July 2023)
High Court urgency and Rule 34A interim payment case. The court ordered the defendant to pay R3.2 million for a minor child's immediate needs.
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