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South Africa decisions
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Passenger Rail Agency of South Africa v Bisschoff N.O obo Reyners (13654/2013) [2024] ZAWCHC 207 (16 August 2024)
The court held that pre-judgment interest on an unliquidated delictual claim was not capped by in duplum, and that post-judgment interest ran from 3 June 2020 at 9.75%.
Stoffels and Another v Road Accident Fund (20656/2023) [2024] ZAWCHC 182 (25 June 2024)
The court held that RAF judgment debts bear post-judgment interest ex lege under PRIA s 2, and rejected res judicata and RAF directive defences; declaratory relief was partly refused.
MEC: Police, Roads and Transport Free State Provincial Government v Bovicon Consulting Engineers CC and Another (278/2022) [2023] ZASCA 99 (14 June 2023)
The Supreme Court of Appeal held that the in duplum rule does not bar the accrual of post-judgment interest after the unpaid interest equals the capital debt. Once judgment is granted, interest runs anew at the prescribed rate until the judgment debt is paid. The high court erred in awarding interest at 15.5%; the correct rate is that prevailing at the time of judgment. The costs order, though punitive, was within the discretion of the high court and not shown to be a material misdirection. The appeal was dismissed except for the correction of the interest rate in the order. The court also cr…
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MEC Police, Roads & Transport (Free State Provincial Government) v Bovicon Consulting Engineers CC and Another (3797/2014) [2021] ZAFSHC 152 (7 June 2021)
The court found that the writ of execution and notice of attachment were invalid due to non-compliance with the procedural requirements of the State Liability Act, specifically the failure to serve the final court order on the applicant's accounting officer or Treasury Department prior to execution. The applicant had paid the judgment debt, including mora interest, as capped by the in duplum rule. However, the applicant remained liable for post-judgment interest on the unpaid amount, calculated from the date of judgment until the date of payment, as well as interest on arrear interest. The co…
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