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South Africa Case Law

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Delict [2025] ZANWHC 111

Jack v Minister of Police and Another (1186/2022)

Jack v Minister of Police and Another (1186/2022) [2025] ZANWHC 111 (2 July 2025)

A high court awarded damages to a woman shot in the right eye by a rubber bullet, resulting in permanent blindness, disfigurement, and future care needs.

  • Personal Injury
  • Quantification Of Damages
  • Loss Of Amenities
  • Loss Of Earnings
  • General Damages
  • Future Medical Expenses
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Delict [2024] ZAGPPHC 671

K.M v Road Accident Fund (79497/18)

K.M v Road Accident Fund (79497/18) [2024] ZAGPPHC 671 (1 July 2024)

High Court awarded R1.5 million in general damages for severe injuries from a motor vehicle accident and ordered an undertaking for future medical expenses.

  • General Damages
  • Road Accident Fund Act
  • Traumatic Brain Injury
  • Loss Of Amenities
  • Future Medical Expenses
  • General-damages
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Delict [2024] ZAFSHC 73

H.P.F v Road Accident Fund (3214/2017)

H.P.F v Road Accident Fund (3214/2017) [2024] ZAFSHC 73 (11 March 2024)

High Court Road Accident Fund damages case awarding R525,000 for a minor’s multiple injuries, pain, limitations, and cosmetic disfigurement.

  • Road Accident Fund Act
  • General Damages
  • Personal Injury
  • Pain And Suffering
  • Loss Of Amenities
  • Cosmetic Disfigurement
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Civil Procedure [2023] ZAGPPHC 1970

Cawood N.O obo Varoyi v Road Accident Fund (85576/2012)

Cawood N.O obo Varoyi v Road Accident Fund (85576/2012) [2023] ZAGPPHC 1970 (23 November 2023)

High Court award in a Road Accident Fund matter for serious head and orthopaedic injuries, with R2 million granted for general damages.

  • Road Accident Fund Act
  • General Damages
  • Serious Injury Assessment
  • Loss Of Amenities
  • Quantification Of Non Patrimonial Loss
  • Road-accident-fund
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Delict [2023] ZAFSHC 391

Schutte v Road Accident Fund (2159/2022)

Schutte v Road Accident Fund (2159/2022) [2023] ZAFSHC 391 (12 October 2023)

The court awarded R400,000 in general damages to a passenger injured in a motor vehicle accident, considering her age, injuries, and pre-existing conditions.

  • Road Accident Fund
  • General Damages
  • Pain And Suffering
  • Loss Of Amenities
  • Apportionment Of Liability
  • Road-accident-fund
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Delict [2023] ZAFSHC 186

Nkonoane v Road Accident Fund (2905/2021)

Nkonoane v Road Accident Fund (2905/2021) [2023] ZAFSHC 186 (23 May 2023)

The court found that the plaintiff sustained significant orthopaedic injuries, including a pelvic fracture and humerus fracture, resulting in permanent sequelae such as pain, reduced functional capacity, and vulnerability in the workplace. Expert evidence established ongoing impairment and the need for future surgical intervention. While some injuries have healed, the lasting effects materially impact the plaintiff's quality of life and ability to work. The court considered comparable case law and the arguments of both parties, concluding that a fair award for general damages is R650,000, sub…

  • Road Accident Fund
  • General Damages
  • Personal Injury
  • Loss Of Amenities
  • Apportionment Of Liability
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Delict [2022] ZAECBHC 47

N.M obo A.M v Member of the Executive Council For Health: Eastern Cape Province (Reasons) (629/2019)

N.M obo A.M v Member of the Executive Council For Health: Eastern Cape Province (Reasons) (629/2019) [2022] ZAECBHC 47 (2 December 2022)

The High Court awarded damages in a medical negligence claim involving a child with spastic and dystonic cerebral palsy, fixing general damages at R2 million.

  • Medical Negligence
  • Quantum Of Damages
  • General Damages
  • Cerebral Palsy
  • Loss Of Amenities
  • Future Medical Expenses
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Delict [2022] ZAGPPHC 961

Mertz v Road Accident Fund (A96/2021)

Mertz v Road Accident Fund (A96/2021) [2022] ZAGPPHC 961 (2 December 2022)

The court found that the court a quo committed an irregularity by failing to afford the appellant's counsel an opportunity to address the reduction of general damages, breaching the audi alteram partem principle. The expert reports supporting serious injury were deemed admitted due to the respondent's failure to respond within the stipulated time, and the respondent's conduct amounted to acceptance of the serious injury assessment. The court a quo had jurisdiction to adjudicate general damages. The award of R2.5 million was inadequate given the severity of the injuries, permanent scarring, lo…

  • General Damages
  • Serious Injury Assessment
  • Road Accident Fund Act
  • Audi Alteram Partem
  • Loss Of Amenities
  • Quantification Of Damages
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Delict [2022] ZAFSHC 268

Sefuthi v Road Accident Fund (303/2019)

Sefuthi v Road Accident Fund (303/2019) [2022] ZAFSHC 268 (14 October 2022)

The court found that the plaintiff suffered severe and permanent injuries, including fractures, chronic pain, scarring, and significant physical impairment, which have rendered her unable to compete fairly in the open labour market and have diminished her amenities of life. The expert evidence was uncontested and established that she is only suited for sedentary work, faces ongoing pain, and will require future medical interventions. The court considered comparable awards in similar cases, recognized the tendency for higher awards over time, and exercised its discretion to award an amount tha…

  • Road Accident Claim
  • General Damages
  • Personal Injury
  • Loss Of Amenities
  • Future Medical Expenses
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Delict [2022] ZAFSHC 269

Ntombela v Road Accident Fund (3035/2016)

Ntombela v Road Accident Fund (3035/2016) [2022] ZAFSHC 269 (10 October 2022)

The court awarded R850,000 in general damages to a plaintiff injured in a motor vehicle collision, together with agreed loss of income and future medical undertakings.

  • Road Accident Fund Act
  • General Damages
  • Quantum Of Damages
  • Pain And Suffering
  • Loss Of Amenities
  • Future Medical Expenses
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.