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South Africa decisions
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Ralie v RAF (310/2019) [2025] ZAFSHC 204 (3 July 2025)
RAI award for past medical expenses and general damages after a motor vehicle accident, with liability accepted and quantum assessed on expert evidence.
Adv Kok obo Smuts v Road Accident Fund (611/2023) [2025] ZAMPMBHC 47 (4 June 2025)
The court rejected a claimed head-injury link, awarded proven orthopaedic damages and past medical expenses, and dismissed the loss-of-earnings claim.
M.S.M (born M[...]) v A.R.M (2021/36970) [2025] ZAGPPHC 457 (30 April 2025)
The court found that the applicant had demonstrated a material change in her financial circumstances since the initial Rule 43 order. The maintenance awarded previously was insufficient to meet her living and medical needs, and the respondent had failed to provide suitable accommodation and pay medical expense shortfalls. The respondent's opposition was based on bare denials and unsupported assertions, and he failed to provide full financial disclosure. The applicant's need for increased maintenance, suitable accommodation, arrear medical expenses, and a further contribution to legal costs wa…
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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.
Damon v Minister of Police (308/2015) [2025] ZANCHC 10 (7 February 2025)
The court awarded R150,000 for general damages after an assault in police custody, but dismissed claims for loss of earnings and medical expenses for lack of proof.
Kuhn v Road Accident Fund (1846/2021) [2025] ZAFSHC 28 (7 February 2025)
The Court found that the Plaintiff failed to discharge the onus of proving that the accident or resulting injuries caused a loss of earning capacity or future earnings to the extent claimed. The evidence showed that the Plaintiff continued to operate his business, perform quotations, and utilize subcontractors as he did prior to the accident. The reduction in income was influenced by external factors, including increased business expenses and the Covid-19 pandemic, rather than solely by the accident. The Plaintiff's actuarial calculations assumed cessation of income, which was contradicted by…
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A.B (born D.V, formerly G) v A.B (048896/2024) [2025] ZAGPPHC 51 (17 January 2025)
The High Court granted Rule 43 interim relief, ordering spousal maintenance, medical aid and uncovered medical expenses, plus a legal-costs contribution.
Botes v Road Accident Fund (48707/2020) [2024] ZAGPJHC 1314 (5 December 2024)
The High Court refused a last-minute amendment to pleadings, awarded proven loss of earnings against the Road Accident Fund, and ordered an undertaking for future medical costs.
Meyer v Road Accident Fund (5719/2021) [2024] ZAFSHC 406 (4 December 2024)
The court found that the plaintiff suffered serious orthopaedic and psychological injuries as a result of the motor vehicle accident, which significantly impaired his earning capacity and quality of life. Expert evidence established that the plaintiff is unemployable in his previous occupation and will require ongoing medical treatment, including major surgeries. The court held that medical aid payments are collateral and do not reduce the defendant's liability for past medical expenses. Applying accepted contingency deductions and actuarial calculations, the court determined the quantum for…
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Meyer v Road Accident Fund (5719/2021) [2024] ZAFSHC 391 (4 December 2024)
The court found that the plaintiff suffered serious injuries in the motor vehicle accident, resulting in permanent physical impairment, psychological trauma, and loss of earning capacity. Expert evidence established the extent of his injuries and their impact on his ability to work. The defendant's argument that past medical expenses paid by medical aid should be excluded was rejected, as such benefits are collateral and do not reduce the defendant's liability. The court accepted the expert reports and actuarial calculations, applying standard contingency deductions to determine past and futu…
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