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South Africa decisions
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S.J.J.W v Road Accident Fund (19574/2017) [2023] ZAWCHC 25 (8 February 2023)
The court held the Road Accident Fund must pay past medical expenses even though a medical aid scheme had already paid them, and confirmed the August 2022 directive was unlawful.
Smit v Minister of Safety and Security for South Africa (51/2010) [2016] ZAECPEHC 73 (22 November 2016)
The court found that the police officers assaulted the plaintiff in retaliation for racial insults, and that such provocation does not justify an unlawful assault. The plaintiff's provocative conduct warranted a 20% reduction in general damages, but did not bar recovery. The quantum of damages was settled at R600,000, apportioned between past medical expenses, future medical expenses, and general damages. The court held that interest on past medical expenses should run from the date of service of summons, as medical aid payments are not deductible. Interest on future medical expenses and gene…
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