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South Africa decisions
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Nsibande v Road Accident Fund (A174/2020) [2021] ZAGPPHC 833 (3 December 2021)
The High Court upheld an appeal against the quantum of RAF damages, holding the respondent was bound by pre-trial admissions and awarding R5,606,228.44.
Advocate Myburgh N.O. v Road Accident Fund (A99/2020) [2021] ZAGPPHC 523 (13 August 2021)
The High Court upheld an appeal on agreed loss-of-earnings calculations in a Road Accident Fund matter and substituted the award.
Spamer v Road Accident Fund (A665/2015) [2018] ZAGPPHC 608 (20 April 2018)
The court found that the respondent's express and deemed admissions in the pre-trial minute, as well as the admitted expert reports, established that the appellant's productivity and earning capacity were negatively affected by the injuries sustained in the motor vehicle collision. The trial court erred in requiring further evidence to prove admitted facts and in dismissing the claim for loss of earning capacity. The legal principles governing judicial admissions and the quantification of damages by contingency deductions were not properly applied by the trial court. The only issue for determ…
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Minister of Higher Education & Training v Hospital Association of South Africa and Others (JA82/2014) [2015] ZALAC 54; (2016) 37 ILJ 913 (LAC); [2016] 5 BLLR 443 (LAC) (8 December 2015)
The Labour Appeal Court held that the Minister unlawfully established, rather than extended, the HWSETA, and suspended relief for four months to allow lawful re-establishment.
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