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South Africa Case Law

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Delict [2025] ZAMPMBHC 68

Nkosi v Minister of Police (2706/2017)

Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68 (1 August 2025)

The High Court held that the plaintiff proved a customary marriage or, alternatively, a relationship equivalent to a common-law partnership, and awarded loss of support damages.

  • Loss Of Support
  • Vicarious Liability
  • Customary Marriage
  • Quantification Of Damages
  • Loss-of-support
  • Customary-marriage
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Delict [2025] ZAMPMBHC 66

S.P.M v Road Accident Fund (A81/2024; 4636/2022)

S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)

The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discha…

  • Loss Of Support
  • Duty Of Support
  • Road Accident Fund Act
  • Contingency Deductions
  • Dependants Claim
  • Customary Law Application
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Civil Procedure [2025] ZAWCHC 320

Hartman v Road Accident Fund (4363/2011)

Hartman v Road Accident Fund (4363/2011) [2025] ZAWCHC 320 (30 July 2025)

The court found that the Plaintiff established on a balance of probabilities that the fatal collision was caused by a tyre abandoned on the roadway by an insured truck driver or owner. The evidence, though circumstantial, was credible and consistent, supported by independent witnesses who had no interest in the outcome. The Defendant failed to produce any evidence to the contrary and relied solely on denials and challenges to witness reliability, which were satisfactorily addressed. The court held that the truck driver or owner was negligent in failing to remove the tyre or warn other motoris…

  • Road Accident Fund Act
  • Loss Of Support
  • Negligence
  • Circumstantial Evidence
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Civil Procedure [2025] ZAGPPHC 725

Segole v Road Accident Fund (16923/2022)

Segole v Road Accident Fund (16923/2022) [2025] ZAGPPHC 725 (21 July 2025)

The High Court refused default judgment in a Road Accident Fund loss-of-support claim, finding improper prosecution by a trust account advocate, unfair late amendment, and inadmissible quantum evidence.

  • Road Accident Fund Act
  • Legal Practice Act
  • Default Judgment
  • Loss Of Support
  • Trust Account Advocate
  • Quantum Of Damages
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Delict [2025] ZAGPPHC 692

A.F.M. obo Minors v Road Accident Fund (17796/2022)

A.F.M. obo Minors v Road Accident Fund (17796/2022) [2025] ZAGPPHC 692 (7 July 2025)

The High Court dismissed a Road Accident Fund claim for loss of support, finding the plaintiff proved support rights but not negligence by another driver.

  • Loss Of Support
  • Road Accident Fund Act
  • Locus Standi
  • Negligence
  • Customary Marriage
  • Admissibility Of Evidence
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Delict [2025] ZAECQBHC 20

N.W and Others v Minister of Police (3444/2015)

N.W and Others v Minister of Police (3444/2015) [2025] ZAECQBHC 20 (19 June 2025)

Quantum judgment in a delict claim over a shooting and hostage incident. The court rejected unsupported claims by the first plaintiff, but awarded damages to the second and to three children.

  • Loss Of Support
  • General Damages
  • Future Medical Expenses
  • Psychological Injury
  • Quantum Of Damages
  • Contingency Deductions
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Civil Procedure [2025] ZAGPPHC 615

S.S.N. obo N.M. and Another v Road Accident Fund (34316/2020)

S.S.N. obo N.M. and Another v Road Accident Fund (34316/2020) [2025] ZAGPPHC 615 (17 June 2025)

The court found that the respondent's notice of intention to defend, delivered more than three years after the expiry of the prescribed period, constituted an abuse of the court's process. The respondent failed to engage meaningfully with the proceedings, ignored correspondence, and only acted on the eve of default judgment to delay the matter. The High Court exercised its inherent jurisdiction to set aside the late notice, enabling consideration of the applicants' claim for loss of support. The applicants substantiated their claim with expert and actuarial evidence, affidavits, and supportin…

  • Default Judgment
  • Abuse Of Process
  • Loss Of Support
  • Road Accident Fund Litigation
  • Negligence
  • Rule 19 5
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Civil Procedure [2025] ZALMPPHC 118

E.L.T obo O.M.T and Others v Road Accident Fund (11403/2022)

E.L.T obo O.M.T and Others v Road Accident Fund (11403/2022) [2025] ZALMPPHC 118 (17 June 2025)

The court found that the Plaintiffs' claims were properly lodged within the prescribed period, based on documentary evidence and correspondence confirming lodgment by previous attorneys. The Defendant failed to raise prescription in its plea, and its attempt to amend the plea at trial was rejected due to lateness and lack of cogent reasons. The Fourth Plaintiff was validly added to the claim through unopposed amendment. The court held that substantial compliance with Section 24 of the Road Accident Fund Act was achieved, as the Defendant possessed sufficient medical and documentary records to…

  • Road Accident Fund Act
  • Loss Of Support
  • Prescription
  • Substantial Compliance
  • Amendment Of Pleadings
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Civil Procedure [2025] ZASCA 76

Van Vuuren v Mec for Health, Gauteng Province (054/2024)

Van Vuuren v Mec for Health, Gauteng Province (054/2024) [2025] ZASCA 76 (4 June 2025)

The Supreme Court of Appeal dismissed an appeal about late notice under the organ-of-state proceedings Act, holding condonation was unnecessary on the appellant’s own version.

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Prescription Act
  • Condonation For Late Notice
  • Medical Negligence
  • Loss Of Support
  • Emotional Shock
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Delict [2025] ZAGPJHC 439

M.P. v Road Accident Fund (18250/2020)

M.P. v Road Accident Fund (18250/2020) [2025] ZAGPJHC 439 (5 May 2025)

Road Accident Fund trial on loss-of-support claim failed because the plaintiff did not prove negligence by the insured driver or the quantum of damages.

  • Road Accident Fund Act
  • Loss Of Support
  • Hearsay Evidence
  • Burden Of Proof
  • Road-accident-fund
  • Loss-of-support
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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.