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South Africa Case Law

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Delict [2025] ZAGPPHC 706

S.P v Road Accident Fund (26723/2021)

S.P v Road Accident Fund (26723/2021) [2025] ZAGPPHC 706 (24 June 2025)

Court
North Gauteng High Court, Pretoria
Case number
26723/21
Judge
Mooki

The court found that the plaintiff's injuries—a healed fracture of the left humerus and an unspecified head injury—did not justify the quantum claimed. The expert evidence did not demonstrate ongoing pain, disability, or loss of amenities of life. Comparisons to previous cases were not on all fours with the plaintiff's circumstances, and the plaintiff failed to provide up-to-date or supplementary expert reports substantiating his claim. The court exercised its discretion and determined that R350,000 constitutes just compensation for general damages in this matter.

Source excerpt

  • General Damages
  • Road Accident Claim
  • Pain And Suffering
  • Loss Of Amenities Of Life
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Delict [2024] ZANWHC 37

M.R v Mokgethi N.O and Another (393/2015)

M.R v Mokgethi N.O and Another (393/2015) [2024] ZANWHC 37 (16 February 2024)

Court
North West High Court, Mafikeng
Case number
393/2015
Judge
Mfenyana

The court awarded damages after finding the plaintiff was assaulted and raped by an off-duty police officer, and confirmed vicarious liability and quantum.

  • Vicarious Liability
  • Rape
  • Quantum Of Damages
  • Pain And Suffering
  • Loss Of Amenities Of Life
  • Contumelia
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Delict [2023] ZAFSHC 314

Kuku v Road Accident Fund (232/2015)

Kuku v Road Accident Fund (232/2015) [2023] ZAFSHC 314 (11 August 2023)

Court
Free State High Court, Bloemfontein
Case number
232/2015
Judge
Jonase

The court found that the plaintiff sustained serious injuries in the motor vehicle accident, including skull and facial fractures, cervical vertebrae fracture, and traumatic brain injury, resulting in ongoing pain, cognitive deficits, and inability to work. Expert medical evidence confirmed the severity and long-term impact of the injuries. The court considered comparable case law and the parties' submissions, noting that the quantification of general damages is discretionary and guided by fairness and precedent. The court determined that an award of R1,400,000.00 for general damages is just…

Source excerpt

  • Road Accident Fund Act
  • General Damages
  • Serious Injury Assessment
  • Pain And Suffering
  • Loss Of Amenities Of Life
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Delict [2023] ZAGPJHC 679

Burger (curator ad litem obo Minor) v Road Accident Fund (32688/2018)

Burger (curator ad litem obo Minor) v Road Accident Fund (32688/2018) [2023] ZAGPJHC 679 (9 June 2023)

Court
South Gauteng High Court, Johannesburg
Case number
32688/2018
Judge
Molahlehi

The High Court awarded R2.5 million in general damages to a minor injured in a motor vehicle accident, finding severe permanent harm and loss of amenities of life.

  • Road Accident Fund Act
  • General Damages
  • Quantification Of Damages
  • Curator Ad Litem
  • Loss Of Amenities Of Life
  • Road-accident-fund
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Delict [2017] ZAGPPHC 1202

Masemola v RAF (53419/2014)

Masemola v RAF (53419/2014) [2017] ZAGPPHC 1202 (3 April 2017)

Court
North Gauteng High Court, Pretoria
Case number
53419/2014
Judge
Makhubele

High Court award of R850,000 general damages after a road accident, with costs limited to one trial day because of unnecessary argument over a neck injury.

  • Road Accident Fund
  • General Damages
  • Assessment Of Comparable Awards
  • Pain And Suffering
  • Loss Of Amenities Of Life
  • Road-accident-fund
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Delict [2015] ZAGPPHC 31

Ramolobeng v Lowveld Bus Services (Pty) Ltd and Another (29836/09)

Ramolobeng v Lowveld Bus Services (Pty) Ltd and Another (29836/09) [2015] ZAGPPHC 31 (3 February 2015)

Court
North Gauteng High Court, Pretoria
Case number
29836/09
Judge
Hassim

The court awarded R550,000 in general damages for severe collision injuries, including chronic spinal pain, erectile dysfunction, depression, and unemployability.

  • General Damages
  • Pain And Suffering
  • Loss Of Amenities Of Life
  • Erectile Dysfunction
  • Unemployability
  • General-damages
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Delict [1988] ZASCA 21

Administrator General for South-West Africa and Others v Kriel (414/86)

Administrator General for South-West Africa and Others v Kriel (414/86) [1988] ZASCA 21; [1988] 2 All SA 323 (A) (24 March 1988)

Court
Supreme Court of Appeal
Case number
414/86
Judges
Hoexter, Van Heerden, Steyn

The Supreme Court of Appeal found that the trial court materially misdirected itself by treating the awards for para-medical aids and general damages as entirely distinct, resulting in improper duplication. The court held that many of the para-medical aids awarded to Marie were intended to ameliorate her pain and loss of amenities of life, and thus must be considered when assessing general damages. The court concluded that, after making due allowance for the amelioration provided by these aids, the award for general damages should be reduced. The court also identified and corrected an arithme…

Source excerpt

  • Quantum Of Damages
  • Personal Injury
  • Duplication Of Awards
  • Loss Of Amenities Of Life
  • Pain And Suffering
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.