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South Africa decisions
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Stoffel v RAF (301/2019) [2025] ZAFSHC 202 (30 June 2025)
The court held the Road Accident Fund 100% liable for a minor passenger’s proven damages and awarded R3,839,957 for future loss of income.
Louw v Road Accident Fund (1901/2021) [2025] ZANCHC 54 (13 June 2025)
High Court award of R3 million general damages for a plaintiff left paraplegic after a taxi accident, with loss of income awarded and future medical costs covered.
Serote v Minister of Police (22854/16) [2025] ZAGPPHC 584 (3 June 2025)
The High Court awarded R20,000 for unlawful arrest and detention and R96,932.80 for loss of income after an eight-hour detention and resulting dismissal.
Shaviri v Road Accident Fund (74274/2018) [2025] ZAGPPHC 544 (19 May 2025)
The court found that the plaintiff was a passenger and that the insured driver was negligent, rendering the Road Accident Fund liable for 100% of the plaintiff's proven damages. The plaintiff's injuries resulted in permanent incapacity to perform his previous work, as confirmed by uncontested expert evidence. The court accepted the actuarial approach to quantifying loss of income, applying a 15% contingency deduction to future loss of earnings, resulting in a total award of R4,448,654. The plaintiff is also entitled to an undertaking for future medical expenses under Section 17(4)(a) of the R…
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Maketha v Industrial Development Corporation and Another (0597/2020) [2025] ZAGPJHC 425 (2 May 2025)
The High Court dismissed a former employee’s defamation, dignity, malicious proceedings, malicious prosecution, and loss-of-income claims arising from disciplinary charges.
Johannes v Road Accident Fund (24012/2019) [2025] ZAGPJHC 372 (14 March 2025)
The High Court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages and awarded R6,280,995 for past and future loss of income.
Botsane obo Mandlathi v Road Accident Fund (107493/2023) [2025] ZAGPJHC 294 (25 February 2025)
The High Court granted a 70% liability order, postponed general damages sine die, and dismissed future loss of income for lack of actuarial evidence.
Buthelezi v Road Accident Fund (Leave to Appeal) (17468/2021) [2025] ZAGPPHC 200 (21 February 2025)
The High Court dismissed H Buthelezi’s application for leave to appeal after finding no reasonable prospects of success on issues including pleading, injury proof, and loss of income.
Makosa v Road Accident Fund (002641/2024) [2025] ZAGPJHC 201 (14 February 2025)
The High Court granted a Rule 38(2) application, awarded loss-of-income damages after a 50% contingency deduction, and postponed general damages sine die.
Fortune v Road Accident Fund (58893/2021) [2025] ZAGPJHC 185 (4 February 2025)
The court awarded the plaintiff damages for past and future loss of income after a Road Accident Fund claim, and granted procedural applications under Rules 38(2) and 33(4).
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