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South Africa decisions
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SPM obo SM v Road Accident Fund (2226/2021) [2025] ZAFSHC 185 (26 June 2025)
High Court awarded a child plaintiff R500,000 in general damages after a pedestrian collision, finding the injuries serious and their long-term cognitive and psychological effects significant.
S.P v Road Accident Fund (26723/2021) [2025] ZAGPPHC 706 (24 June 2025)
The court found that the plaintiff's injuries—a healed fracture of the left humerus and an unspecified head injury—did not justify the quantum claimed. The expert evidence did not demonstrate ongoing pain, disability, or loss of amenities of life. Comparisons to previous cases were not on all fours with the plaintiff's circumstances, and the plaintiff failed to provide up-to-date or supplementary expert reports substantiating his claim. The court exercised its discretion and determined that R350,000 constitutes just compensation for general damages in this matter.
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Malatjie and Others v South African Custodial Management (Pty) Ltd (834/2021) [2025] ZALMPTHC 8 (14 April 2025)
The court found that the first plaintiff, Ronny Malatjie, was assaulted by a correctional officer (Munyai) on 30 April 2021, as evidenced by medical reports and corroborated testimony. However, the extent of the assault was exaggerated; only a slap and restraint were proved, not the alleged kicking or severe beating. The claim for constitutional damages was dismissed, as common law damages suffice to vindicate the rights infringed. The secondary plaintiffs failed to prove actionable emotional shock, as no psychiatric injury was diagnosed and their symptoms did not meet the legal threshold. Th…
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Nkepang v Road Accident Fund (RAF324/22) [2024] ZANWHC 239 (17 September 2024)
The court awarded R400,000 for general damages after a collision left the plaintiff with permanent scarring, pain, and functional limits.
Nkabinde v Minister of Police (50315/2010) [2024] ZAGPPHC 678 (17 July 2024)
High Court damages judgment awarding general damages after a police shooting caused the death of the plaintiff’s wife, with compensation for the plaintiff and two minor children.
Sipolo v Sipolo (115/2022) [2024] ZAECMHC 31 (16 May 2024)
The court found that the defendant's assault was the factual and legal cause of all the plaintiff's injuries, including those to the head and face. The defendant's version was inconsistent and unsupported by evidence. Medical testimony established that the injuries were inflicted by blunt force and not by falling. The defendant admitted liability for the leg injury and had no credible alternative explanation for the other injuries. Applying the but-for test, the court concluded that, absent the assault, the plaintiff would not have suffered the disputed injuries. The defendant is therefore li…
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H.P.F v Road Accident Fund (3214/2017) [2024] ZAFSHC 73 (11 March 2024)
High Court Road Accident Fund damages case awarding R525,000 for a minor’s multiple injuries, pain, limitations, and cosmetic disfigurement.
Mohlala v MEC for Health, Limpopo Province (5028/2017) [2024] ZALMPPHC 16 (26 February 2024)
High Court quantum trial after admitted negligence for burn injuries during childbirth, awarding general damages, loss of earnings, and future medical costs.
M.R v Mokgethi N.O and Another (393/2015) [2024] ZANWHC 37 (16 February 2024)
The court awarded damages after finding the plaintiff was assaulted and raped by an off-duty police officer, and confirmed vicarious liability and quantum.
Schutte v Road Accident Fund (2159/2022) [2023] ZAFSHC 391 (12 October 2023)
The court awarded R400,000 in general damages to a passenger injured in a motor vehicle accident, considering her age, injuries, and pre-existing conditions.
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