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South Africa Case Law

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Delict [2025] ZAWCHC 156

B.S.P obo H.N.K v Road Accident Fund (16623/2018)

B.S.P obo H.N.K v Road Accident Fund (16623/2018) [2025] ZAWCHC 156 (31 March 2025)

The High Court awarded R2 million in general damages for a minor’s severe traumatic brain injury and ongoing neuropsychological sequelae after a motor vehicle accident.

  • Road Accident Fund Act
  • General Damages
  • Traumatic Brain Injury
  • Quantum Assessment
  • Minor Claimant
  • Road-accident-fund
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Delict [2024] ZAECMKHC 87

N.P.S obo Z.S v Road Accident Fund (3614/2021)

N.P.S obo Z.S v Road Accident Fund (3614/2021) [2024] ZAECMKHC 87 (13 August 2024)

The High Court held that a severely injured minor claimant warranted 25% pre-morbid and 40% post-morbid contingencies, and awarded loss-of-income damages.

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • Contingency Deductions
  • Quantum Of Damages
  • Minor Claimant
  • Road-accident-fund
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Civil Procedure [2022] ZAMPMHC 1

L.J.N v Emalahleni Local Municipality (2955/2020)

L.J.N v Emalahleni Local Municipality (2955/2020) [2022] ZAMPMHC 1 (26 January 2022)

The court held that a minor claimant’s 2008 notice complied with section 3(2) of the Act, allowing the damages claim against the municipality to proceed.

  • Institution Of Legal Proceedings Against Organs Of State
  • Condonation
  • Notice Requirements
  • Minor Claimant
  • Prescription
  • Compliance With Statutory Provisions
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Civil Procedure [2012] ZAFSHC 38

Moqhaka Muniipality v Mabula (2292/2008)

Moqhaka Muniipality v Mabula (2292/2008) [2012] ZAFSHC 38 (15 March 2012)

An appeal about late statutory notice against a municipality. The court held the summons were premature, set aside the magistrate’s order, and removed the matter from the roll.

  • Institution Of Legal Proceedings Against Organs Of State
  • Prescription Act Application
  • Condonation Of Non Compliance
  • Minor Claimant
  • Removal From Roll
  • Institution-of-legal-proceedings-against-organs-of-state
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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.