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South Africa decisions
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Simayile-Sigijimi v Road Accident Fund (5465/2021) [2025] ZAWCHC 147 (31 March 2025)
The High Court held the Road Accident Fund liable after a pedestrian was struck on or near a pavement, and awarded R500,000 in general damages.
Ndayi v Road Accident Fund (1172/2021) [2024] ZAMPMHC 44 (4 September 2024)
The plaintiff failed to prove, on a balance of probabilities, that the accident was caused by the negligent driving of the insured driver. The plaintiff presented mutually destructive and irreconcilable versions regarding the cause of the accident in his pleadings, affidavit, and oral evidence. The explanation for the discrepancies was unsatisfactory and unsupported by the record. The plaintiff sought to amend his pleadings after evidence was led, but such amendment would materially alter the case and prejudice the defendant. The court found the plaintiff's evidence unreliable and insufficien…
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W.H.B v Road Accident Fund (67072/2017) [2024] ZAGPPHC 583 (25 June 2024)
The court absolved the Road Accident Fund from the instance after finding the plaintiff’s pleadings and evidence were inconsistent and did not prove negligence.
Kekkel en Kraai Suid Afrika (Pty) Ltd v Bes-Buhr Trading CC and Others (A05/2023) [2023] ZAWCHC 234; [2023] 4 All SA 439 (WCC) (1 September 2023)
The court dismissed an appeal challenging an arbitral appeal tribunal’s refusal to condone a late cross-appeal and its finding that relief exceeded the pleaded case.
Blos v Minister of Police (114/2019) [2023] ZANWHC 126 (20 July 2023)
The court found that the defendant failed to plead and prove any lawful justification for the shooting of the plaintiff. The evidence established that the plaintiff was shot by Colonel Selogilwe, a SAPS member, during a protest, but the defendant's plea did not allege any wrongful conduct by the plaintiff or circumstances justifying the shooting. The defendant's reliance on self-defence and necessity was unsupported by the evidence and contradicted by the plea. The court held that Selogilwe's conduct was not objectively reasonable, as he created the emergency by confronting the protestors alo…
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Unit 15 Rondevoux CC t/a Done Rite Services v Makgabo (A3075/2021) [2022] ZAGPJHC 627 (1 September 2022)
Appeal over a building contract dispute. The High Court upheld a quantum meruit claim for work done before exclusion from the property and fixed payment at R91,605.61 plus interest.
T M v Road Accident Fund (2018/6687) [2019] ZAGPJHC 546 (13 December 2019)
The court found that the plaintiff's injuries sustained when she was pushed out of the moving hijacked taxi arose from the driving of a motor vehicle as required by section 17(1) of the Road Accident Fund Act. The court relied on precedent establishing that injuries resulting from being ejected from a moving vehicle are causally connected to the driving. However, the gunshot wound was found to be unrelated to the driving and thus excluded from the Fund's liability. The court further held that, despite discrepancies between the pleadings and the evidence, the defendant was not prejudiced, and…
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Macatsha v Road Accident Fund (2018/6687) [2019] ZAGPJHC 553; 2020 (4) SA 275 (GJ) (13 December 2019)
The court found that the plaintiff's injuries sustained when she was pushed out of the moving vehicle arose from the driving of a motor vehicle as required by section 17(1) of the Road Accident Fund Act. The court relied on previous judgments, including Steyn, Pillay, and Matinise, which established that injuries resulting from being ejected from a moving vehicle are causally connected to its driving. However, the gunshot wound was inflicted independently of the driving and did not fall within the ambit of section 17(1). The court further held that, despite discrepancies between the pleadings…
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World Luxury Hotel Awards (Pty) Ltd v De Wet (CA17/2016, 2015/C763) [2017] ZALAC 79; (2018) 39 ILJ 808 (LAC) (15 December 2017)
The Labour Appeal Court upheld the appeal on leave pay, remitting that issue for trial, but dismissed the appeal on the severance package claim.
South African Police Service v Erasmus and Another (JR2319/2015) [2017] ZALCJHB 367; (2018) 39 ILJ 460 (LC) (28 September 2017)
The court held that SAPS was not permitted to raise a new defence on review that was neither pleaded nor fully canvassed before the arbitrator. The arbitrator was bound by the pleadings and the terms of reference, which required him to determine the dispute within the framework of the REOP Program and the issues raised by the parties. The SAPS Act and delegation of authority were not pleaded or properly canvassed in evidence, and the arbitrator was not required to consider legal frameworks not placed in issue by the parties. The court found no gross irregularity or excess of powers by the arb…
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