South Africa Case Law

N.A obo Z.N v Road Accident Fund (2016-38846)

N.A obo Z.N v Road Accident Fund (2016-38846) [2023] ZAGPJHC 64 (27 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2016-38846

Judge

Z Khan

The court found that the medico-legal reports relied upon by the applicant were stale, having been prepared several years prior and not reflecting the minor's current condition. As the best evidence was not before the court, it would be inappropriate to determine the quantum of future loss of income. The court exercised its discretion to postpone the matter sine die to allow for fresh expert reports. Recognising the dire socio-economic circumstances of the minor and her family, and the delays caused by the defendant, the court ordered an interim payment of R 200 000 to be made to the plaintif…

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• Road Accident Fund
• Loss Of Income
• Interim Payment
• Expert Evidence
• Minor Claims

Ntombikhona Maleshiyo v MEC for the Dept of Health, Eastern Cape (451/2018)

Ntombikhona Maleshiyo v MEC for the Dept of Health, Eastern Cape (451/2018) [2020] ZAECBHC 28 (23 October 2020)

Court

Eastern Cape High Court, Bhisho

Case number

451/2018

Judge

Hartle

The court found that the plaintiff only acquired knowledge of the facts giving rise to the debt on 28 March 2018, when she was advised of Dr. Wright's expert opinion. Prior to this, she did not know, nor could she reasonably have known, the cause of her child's condition or the defendant's potential liability. The defendant failed to prove that the plaintiff had actual or deemed knowledge of the material facts before this date. The court held that the notice served on 7 May 2018 was within six months of acquiring such knowledge and was therefore timeous. Alternatively, the requirements for co…

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• Prescription Act
• Institution Of Legal Proceedings Against Organs Of State Act
• Medical Negligence
• Notice Requirements
• Condonation
• Minor Claims

G K obo M K v Member of the Executive Council for the Department of Health (2795/2015)

G K obo M K v Member of the Executive Council for the Department of Health (2795/2015) [2019] ZAFSHC 70 (6 June 2019)

Court

Free State High Court, Bloemfontein

Case number

2795/2015

Judge

Meintjes, AJ

The court granted condonation for late notice only for a minor’s representative claim, but refused it for the applicant’s personal claim because that debt had prescribed.

• Prescription Act
• Institution Of Legal Proceedings Against Organs Of State
• Condonation
• Minor Claims
• Late Notice
• Prescription

L v MEC for Health of the Free State Provincial Government (4016/2014)

L v MEC for Health of the Free State Provincial Government (4016/2014) [2017] ZAFSHC 213; [2018] 1 All SA 522 (FB) (19 October 2017)

Court

Free State High Court, Bloemfontein

Case number

4016/2014

Judge

Murray

The court found that no binding agreement existed preventing the Respondent from opposing the condonation application, as the State Attorney acted without specific mandate and withdrew any offer before acceptance. The Applicant's delay in serving the s 3(2) notice was explained by her socio-economic circumstances, lack of access to medical records, and absence of knowledge of the cause of action until 2014. Although the explanation for the delay was not comprehensive, the court accepted that the Applicant's circumstances and the interests of justice justified condonation. The court held that…

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• Institution Of Legal Proceedings Against Organs Of State Act
• Condonation
• Prescription
• Medical Negligence
• Minor Claims
• Good Cause

Magada OBO A M v Road Accident Fund (651/2011)

Magada OBO A M v Road Accident Fund (651/2011) [2017] ZALMPTHC 12 (17 August 2017)

Court

Limpopo High Court, Thohoyandou

Case number

651/2011

Judge

Mushasha

The High Court awarded R900,000 to a minor claimant for future loss of earnings after a motor vehicle accident, with interest and costs.

• Loss Of Earnings
• Quantification Of Damages
• Expert Evidence
• Minor Claims
• Loss-of-earnings
• Quantification-of-damages

Maswanganyi OBO Machimane v Road Accident Fund (HCAA07/2016)

Maswanganyi OBO Machimane v Road Accident Fund (HCAA07/2016) [2017] ZALMPPHC 7 (18 May 2017)

Court

Limpopo High Court, Polokwane

Case number

HCAA07/2016

Judges

G.C Muller, M.G Phatudi, M.V Semenya

The High Court dismissed an appeal seeking to annul part-heard trial proceedings after a settlement, holding the proper remedy was appeal and not self-review.

• Settlement Agreements
• Minor Claims
• Court Jurisdiction
• Annulment Of Proceedings
• Civil-procedure
• Settlement-agreements

Mothobi and Road Accident Fund and Another (A32/14)

Mothobi and Road Accident Fund and Another (A32/14) [2014] ZAGPPHC 602 (14 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

A32/14

Judges

D S Fourie, T J Raulinga, P M Mabuse

The court found that the medical evidence available at the time of settlement indicated the appellant suffered fairly severe injuries, which warranted a higher award for general damages than the R10,000 received. The absence of any apportionment and the concession of merits further supported the inadequacy of the settlement. The court held that the agreement was substantially prejudicial to the appellant and should be set aside, as the settlement failed to protect her interests as a minor.

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• Rescission Of Settlement
• Minor Claims
• General Damages
• Prejudice To Minor

Guardian National Insurance Company Ltd. v Van Gool NO (330/91)

Guardian National Insurance Company Ltd. v Van Gool NO (330/91) [1992] ZASCA 96; 1992 (4) SA 61 (AD); [1992] 2 All SA 287 (A) (29 May 1992)

Court

Supreme Court of Appeal

Case number

330/91

Judges

C P Joubert, Hefer, Vivier, F H Grosskopf, Goldstone

The Supreme Court of Appeal held that a minor who suffers bodily injury as a result of a delict has a legal right to claim compensation for prospective patrimonial loss, including future medical and hospital expenses, from the wrongdoer. This right exists independently and concurrently with the minor's right to parental support. The fact that the parent is obliged to support the minor does not exclude the minor's delictual right to claim such compensation. The action was properly instituted by Van Gool in his representative capacity as father and natural guardian of Catherine, who is the true…

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• Compulsory Motor Vehicle Insurance Act
• Duty Of Support
• Future Medical Expenses
• Minor Claims
• Patrimonial Loss