South Africa Case Law

du Toit v Road Accident Fund (19978/2015)

du Toit v Road Accident Fund (19978/2015) [2025] ZAWCHC 77 (5 March 2025)

Court

Western Cape High Court, Cape Town

Case number

19978/2015

Judge

Pangarker

The court held that, in the absence of an express agreement excluding liability for interest or specifying a different commencement date, section 17(3)(a) of the Road Accident Fund Act applies to the running of interest on compensation awarded in RAF matters. The operative date for interest is 14 days after the date of the court order, not the expiry of any deferred payment period, unless the parties have expressly agreed otherwise. The court distinguished the present case from Dunn v Road Accident Fund and Motaung and Others v Road Accident Fund, noting that in those cases, the parties had a…

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• Road Accident Fund Act
• Prescribed Rate Of Interest Act
• Settlement Agreement
• Mora Interest
• Court Order Enforcement

Ndhlovu v Phoshoko (11908/2020)

Ndhlovu v Phoshoko (11908/2020) [2024] ZAGPPHC 942 (18 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

11908/2020

Judge

N Davis

Quantum judgment on neighbour dispute over wall-collapse damage; court awarded proven damages and attorney-and-client costs.

• Neighbour Dispute
• Quantification Of Damages
• Unlawful Building
• Pecuniary Loss
• Prescribed Rate Of Interest Act
• Attorney And Client Costs

Road Accident Fund v Sheriff of the High Court [Pretoria East] and Others (2022-056346)

Road Accident Fund v Sheriff of the High Court [Pretoria East] and Others (2022-056346) [2024] ZAGPPHC 953 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-056346

Judge

C J van der Westhuizen

The High Court dismissed the Road Accident Fund’s bid for declarators about interest on judgment debts, writs of execution, and related procedural practices.

• Prescribed Rate Of Interest Act
• Declaratory Relief
• Writs Of Execution
• Mora Interest
• Public Finance Management Act
• Declaratory-relief

Msudulu v Minister of Police (2014/6624)

Msudulu v Minister of Police (2014/6624) [2024] ZAGPJHC 810 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2014/6624

Judge

Wright

The plaintiff proved that he was unlawfully arrested and detained by the police for approximately nine hours in unhygienic conditions, with no justification provided by the defendant. The pleadings limited the claim to the period of detention on the day of arrest, and the court was bound by the Constitutional Court's approach in Mahlangu regarding quantum. Given the less severe circumstances compared to Mahlangu, and accounting for the depreciation of money, the court awarded R2,000 as general damages. Interest at the prescribed rate from the date of summons was granted, subject to the provis…

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• Unlawful Arrest
• Unlawful Detention
• General Damages
• Prescribed Rate Of Interest Act
• Quantum Of Damages

Passenger Rail Agency of South Africa v Bisschoff N.O obo Reyners (13654/2013)

Passenger Rail Agency of South Africa v Bisschoff N.O obo Reyners (13654/2013) [2024] ZAWCHC 207 (16 August 2024)

Court

Western Cape High Court, Cape Town

Case number

13654/2013

Judge

Pangarker AJ

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%.

• Prescribed Rate Of Interest Act
• In Duplum Rule
• Pre Judgment Interest
• Post Judgment Interest
• Liquidated Vs Unliquidated Debt
• Costs Award

Stoffels and Another v Road Accident Fund (20656/2023)

Stoffels and Another v Road Accident Fund (20656/2023) [2024] ZAWCHC 182 (25 June 2024)

Court

Western Cape High Court, Cape Town

Case number

20656/2023

Judge

Gassner AJ

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.

• Prescribed Rate Of Interest Act
• Post Judgment Interest
• Road Accident Fund Act
• Res Judicata
• Declaratory Relief
• Post-judgment-interest

Nepgen v Landskron (52270/2015)

Nepgen v Landskron (52270/2015) [2024] ZAGPPHC 537 (14 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

52270/2015

Judge

N Davis

The court found that the amount due upon dissolution of the partnership was ascertainable by both parties, and the fact that they computed different amounts did not render the debt unascertainable. The court distinguished the present case from Victoria Falls, noting that the latter involved damages difficult to quantify, whereas this case involved a contractual claim for a determinable balance. The court exercised its discretion under the Prescribed Rate of Interest Act and held that interest should run from the date of service of summons, as depriving the plaintiff of such interest would be…

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• Prescribed Rate Of Interest Act
• Partnership Dissolution
• Quantum Determination
• Mora Interest

Minister of Police v Khedama (AR259/2022)

Minister of Police v Khedama (AR259/2022) [2024] ZAKZPHC 23 (18 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR259/2022

Judges

Poyo Dlwati JP, Henriques J, Gounden AJ

Appeal against a R1 million award for unlawful arrest and detention was upheld, with damages reduced to R350,000 and interest ordered from judgment date.

• Unlawful Arrest And Detention
• Quantification Of Damages
• Prescribed Rate Of Interest Act
• Constitutional Rights Violation
• Malice In Police Conduct
• Assessment Of General Damages

Road Accident Fund v Lolwana and Another (23221/2016)

Road Accident Fund v Lolwana and Another (23221/2016) [2024] ZAGPPHC 253 (4 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

23221/2016

Judge

Swanepoel

The court held that section 2 of the Prescribed Rate of Interest Act, 55 of 1975, clearly provides that interest is payable on judgment debts, including costs orders, from the date payment becomes due unless the order states otherwise. The definition of 'judgment debt' in the Act explicitly includes costs orders. The applicant's argument that costs orders are different from other monetary orders was rejected as baseless. The court found that the first respondent was entitled to interest on the taxed costs from the date payment became due, and that the writ of execution for interest on costs w…

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• Interest On Judgment Debt
• Stay Of Execution
• Costs Order
• Prescribed Rate Of Interest Act

Jacobs N.O v Road Accident Fund (2022-22121)

Jacobs N.O v Road Accident Fund (2022-22121) [2024] ZAGPJHC 21 (5 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022-22121

Judge

Nkutha-Nkontwana

The court held that section 17(3)(a) of the Road Accident Fund Act is clear: interest on compensation awarded by the court is payable only after 14 days have elapsed from the date of the order unless the parties agree otherwise. The practice of deferring payment for 180 days, as argued by the RAF, is not supported by the statutory framework or the authorities cited. The previous decisions relied upon by the RAF concerned exceptional circumstances or agreements to defer payment, which are not present in this case. The court cannot make an agreement for the parties regarding the running of inte…

Source excerpt

• Road Accident Fund Act
• Mora Interest
• Prescribed Rate Of Interest Act
• Judgment Debt
• Settlement Agreement