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…
Source excerpt
- Military Pensions
- Statutory Exclusion Of Liability
- General Damages
- Loss Of Earning Capacity