Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Delict [1994] ZASCA 178

Pretorius v Transnet Bpk. (627/92)

Pretorius v Transnet Bpk. (627/92) [1994] ZASCA 178; 1995 (2) SA 309 (AD); [1995] 2 All SA 53 (A) (29 November 1994)

The Supreme Court of Appeal held that section 20 of the Military Pensions Act does not exclude a claim for general damages (solatium) against the State. The Court reasoned that the statutory compensation regime was not intended to cover all heads of damage, particularly general damages for pain, suffering, and loss of amenities, and that the legislative intent behind the 1976 Act differed from that of the earlier War Pensions Acts. The Court distinguished the present case from Casely, finding that the presumption against abrogation of common law rights was not rebutted by the purposes of the…

  • Military Pensions
  • Statutory Exclusion Of Liability
  • General Damages
  • Loss Of Earning Capacity
Read case analysis

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.