Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Delict [2018] ZASCA 90

Boutell v Road Accident Fund (324/2017)

Boutell v Road Accident Fund (324/2017) [2018] ZASCA 90; 2018 (5) SA 99 (SCA) (31 May 2018)

The Supreme Court of Appeal held that voluntary contributions to a retirement annuity fund are not employment benefits and thus cannot be claimed as loss of earnings under the Road Accident Fund Act. The distinction between pension fund contributions, which arise from employment contracts, and retirement annuity contributions, which are voluntary investments, is legally valid. The exclusion of retirement annuity contributions does not constitute unfair discrimination, as the differentiation is not based on inherent characteristics protected by the Constitution. The court affirmed the High Cou…

  • Road Accident Fund Act
  • Loss Of Earnings
  • Retirement Annuity
  • Pension Fund Distinction
  • Constitutional Equality
  • Damages Quantification
Read case analysis

About this LexChat collection

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.