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South Africa decisions
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Uys and Another v Road Accident Fund (333/2018) [2025] ZAGPPHC 704 (6 June 2025)
The High Court held the Road Accident Fund liable for 100% of damages after finding the deceased’s suicide was causally linked to accident-related injuries and depression.
Van der Merwe v Road Accident Fund (584/2023) [2025] ZASCA 28 (28 March 2025)
The SCA held that a later fall from stairs was not a novus actus interveniens and upheld the appeal, finding the RAF liable for damages.
Alberts v Muller (2021/45445) [2024] ZAGPJHC 1242 (29 November 2024)
The High Court dismissed a delict claim after finding the plaintiff failed to prove harm, despite evidence that a poorly maintained sliding gate fell.
Maris v Road Accident Fund (A49/2023) [2024] ZAFSHC 342 (18 October 2024)
Appeal upheld in a RAF damages case after the court found the trial judge strayed beyond the parties’ settlement and misapplied causation on earning-capacity loss.
Philasande v Minister of Police and Another (Leave to Appeal) (2388/2017) [2024] ZAECMHC 72 (1 October 2024)
The High Court dismissed an application for leave to appeal against a judgment on unlawful arrest and detention, finding no reasonable prospects of success.
Kanunu v Member of the Executive Council: Free State Department of Health (4268/2015) [2024] ZAFSHC 143 (6 May 2024)
The High Court dismissed a medical negligence claim after finding the plaintiff did not prove he told the doctor about the hayfork injury or any visible infection.
Kotze v Minister of Safety and Security (36826/2009) [2023] ZAGPJHC 1321 (10 November 2023)
The High Court held the defendant liable for damages, including loss of earning capacity and property development loss, after plaintiff was shot by SAPS members.
L.M and Others v Road Accident Fund - Appeal (A30/2023) [2023] ZAWCHC 249 (11 October 2023)
The appellate court found that the trial court erred by requiring proof of a diagnosable psychiatric condition as a prerequisite for liability. The evidence, including uncontested testimony from the deceased's wife, mother, and expert witnesses, established that the deceased suffered severe physical injuries resulting in chronic pain, depression, and impaired judgment. The cumulative effect of these injuries and their sequelae led to the deceased's suicide. The court held that the suicide was not a novus actus interveniens but was causally connected to the accident. The requirements for factu…
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N.G and Others v Road Accident Fund (3504/2013) [2023] ZAECQBHC 23 (4 April 2023)
The High Court held the Road Accident Fund liable for loss of support and funeral expenses after finding the deceased died from accident-related head injuries.
Muller v De Waal and Another (15448/17) [2023] ZAWCHC 173 (24 March 2023)
High Court dog-bite liability case where the plaintiff succeeded under actio de pauperie; the defendants’ negligence and volenti defences failed.
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