South Africa Case Law

L[....] H[....] v Z[....] H[....] (775/2020)

L[....] H[....] v Z[....] H[....] (775/2020) [2021] ZASCA 130; 2022 (1) SA 384 (SCA) (30 September 2021)

Court

Supreme Court of Appeal

Case number

775/2020

Judges

Mbha, Mocumie, Schippers, Gorven, Hughes

The Supreme Court of Appeal held that section 18(a) of the Matrimonial Property Act only excludes from the joint estate non-patrimonial damages received during the marriage in community of property. Damages received prior to the marriage, even if non-patrimonial and personal in nature, become part of the joint estate upon marriage in community of property unless excluded by an antenuptial contract. The respondent's investment, derived from non-patrimonial damages received before marriage, therefore forms part of the joint estate and must be included in its division upon divorce. The responden…

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• Matrimonial Property Act
• Division Of Joint Estate
• Non Patrimonial Damages
• Statutory Interpretation

Ngwenya v Minister of Police (924/2016)

Ngwenya v Minister of Police (924/2016) [2019] ZANWHC 3 (7 February 2019)

Court

North West High Court, Mafikeng

Case number

924/2016

Judge

R D Hendricks

High Court quantum judgment on unlawful arrest and detention. The court awarded R45,000 for three days’ detention and costs on the Magistrate Court scale.

• Unlawful Arrest
• Unlawful Detention
• Non Patrimonial Damages
• Quantification Of Damages
• Personal Liberty
• Dignity Infringement

Road Accident Fund v Khoza (65231/12)

Road Accident Fund v Khoza (65231/12) [2015] ZAGPPHC 613 (28 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

65231/12

Judge

P.M. Mabuse

The Court held that the Road Accident Fund failed to establish any special circumstances that would justify the withdrawal of the deemed admission made at the pre-trial conference. The agreement regarding the seriousness of the respondent's injuries and entitlement to non-patrimonial damages was reached deliberately and recorded in the pre-trial minutes. The applicant had sufficient time and opportunity to challenge the RAF-4 assessment but failed to do so within the agreed period. The affidavit submitted by the applicant did not provide any credible or acceptable explanation for the withdraw…

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• Withdrawal Of Admission
• Rule 37 Pre Trial Conference
• Special Circumstances
• Non Patrimonial Damages

Van Dyk (born) Gerber v Van Dyk (945/2007)

Van Dyk (born) Gerber v Van Dyk (945/2007) [2009] ZAFSHC 17 (19 February 2009)

Court

Free State High Court, Bloemfontein

Case number

945/2007

Judge

Mocumie

The court found that the insurance policy payouts received by the plaintiff due to her diagnosis of multiple sclerosis were non-patrimonial in nature, intended to compensate her for pain and suffering and to improve her quality of life, rather than for loss of future income. Accordingly, these payouts do not form part of the accrual of her estate for purposes of divorce under the Matrimonial Property Act. Furthermore, the court held that the fruits or interest derived from the investments made with these payouts are also excluded from the accrual calculation. The Act's silence on replacement…

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• Matrimonial Property Act
• Accrual System
• Insurance Payouts
• Non Patrimonial Damages