Kenjani and Others v Minister of Police (21234/11)
Kenjani and Others v Minister of Police (21234/11) [2023] ZAWCHC 65 (30 March 2023)
The court held that the defendant is bound by the joint instructions given to the actuary, which were agreed upon by both parties and not repudiated in a timely manner. These instructions, including the use of a 2:1:1 apportionment ratio and a 5% contingency deduction for past losses, formed the basis for the actuarial report and quantum determination. The court found no evidence to justify a higher contingency deduction or deviation from the standard apportionment. Furthermore, the court ruled that bursaries provided by NSFAS are constitutional entitlements and do not amount to double compen…
Source excerpt
- Loss Of Support
- Quantum Of Damages
- Joint Expert Instructions
- Contingency Deductions
- Constitutional Right To Education
- Double Compensation