South Africa Case Law

Alexander v Road Accident Fund and Three Other Related Matters (2021/53043; 2021/26274; 2020/15348; 2022/5105)

Alexander v Road Accident Fund and Three Other Related Matters (2021/53043; 2021/26274; 2020/15348; 2022/5105) [2023] ZAGPJHC 112 (11 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/53043; 2021/26274; 2020/15348; 2022/5105

Judge

RJ Moultrie

The High Court dismissed four RAF applications for interim payment, holding that admissions of negligence alone were not admissions of liability for damages under Rule 34A.

• Interim Payments
• Road Accident Fund Act
• Admission Of Liability
• Personal Injury
• Uniform Rules Of Court Rule 34a
• Road-accident-fund

Framatome v Eskom Holdings SOC Ltd (357/2021)

Framatome v Eskom Holdings SOC Ltd (357/2021) [2021] ZASCA 132; 2022 (2) SA 395 (SCA) (1 October 2021)

Court

Supreme Court of Appeal

Case number

357/2021

Judges

Mathopo, Molemela, Makgoka, Mbatha, Mothle

The Supreme Court of Appeal held that the adjudicator's Decision 11 is binding and enforceable until set aside by arbitration. Eskom failed to challenge Decision 7 in time and participated in the adjudication process, waiving jurisdictional objections. The adjudicator acted within his jurisdiction, deciding the dispute as referred by the parties, and the contractor's quotation was properly deemed accepted under the contract. The High Court erred by refusing enforcement and introducing subjective discretion. The purpose of adjudication is to provide a speedy, interim resolution of disputes and…

Source excerpt

• Construction Contracts
• Adjudication Enforcement
• Compensation Events
• Interim Payments

Road Accident Fund v Manqina (CA20/2019)

Road Accident Fund v Manqina (CA20/2019) [2020] ZAECBHC 5; 2020 (5) SA 202 (ECB) (2 February 2020)

Court

Eastern Cape High Court, Bhisho

Case number

CA20/2019

Judges

Jolwana, Beshe, Smith

The High Court held that the Road Accident Fund Act barred interim payment for future medical expenses under Rule 34A, and dismissed the application.

• Interim Payments
• Road Accident Fund Act
• Future Medical Expenses
• Statutory Interpretation
• Road-accident-fund-act
• Interim-payments

Bentel Associates International (Pty) Ltd v Loch Logan Waterfront (Pty) Ltd and Another (2482/2009)

Bentel Associates International (Pty) Ltd v Loch Logan Waterfront (Pty) Ltd and Another (2482/2009) [2014] ZAFSHC 227 (11 December 2014)

Court

Free State High Court, Bloemfontein

Case number

2482/2009

Judge

Kruger

Architectural-fee and negligence dispute from the Loch Logan Waterfront project. The court allowed part of the fee claim and dismissed the counterclaim.

• Architectural Services Contract
• Professional Negligence
• Quantum Of Damages
• Interim Payments
• Contractual Variation
• Locus Standi

Padongelukfonds v Von Waltzleben (651/2010)

Padongelukfonds v Von Waltzleben (651/2010) [2010] ZAFSHC 84 (22 July 2010)

Court

Free State High Court, Bloemfontein

Case number

651/2010

Judge

Murray

The High Court set aside a writ of execution after finding the applicant had already paid the balance due under the final RAF settlement and taxed costs.

• Writ Of Execution
• Quantum Of Damages
• Interim Payments
• Road Accident Fund Act
• Costs Order
• Writ-of-execution