South Africa Case Law

Narayanasamy v Department of Labour: Compensation Commissioner (Appeal) (AR118/2024)

Narayanasamy v Department of Labour: Compensation Commissioner (Appeal) (AR118/2024) [2025] ZAKZPHC 45 (7 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR118/2024

Judges

Henriques, R Singh

The court found that the Tribunal misdirected itself by failing to backdate the effective date of liability for compensation to the date of the workplace incident in May 1993, as required by COIDA ss 65(5) and 67(1). The undisputed medical evidence and factual admissions established that the appellant's depression and PTSD originated from the workplace trauma in 1993, and he had been unable to work since 1997. The Tribunal's apportionment of only 20% permanent disablement was arbitrary and unsupported by the evidence, which overwhelmingly indicated 100% permanent disablement. The court held t…

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• Compensation For Occupational Injuries And Diseases Act
• Permanent Disablement
• Psychiatric Injury
• Backdating Liability
• Costs Award

Barrenton v Road Accident Fund (2020/12980)

Barrenton v Road Accident Fund (2020/12980) [2025] ZAGPJHC 227 (7 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/12980

Judge

Weideman

The High Court held the Road Accident Fund liable for 100% of proven damages after a rear-end collision, awarding R4,910,950 for loss of earnings.

• Road Accident Fund Act
• Loss Of Earnings
• General Damages
• Contingency Deductions
• Psychiatric Injury
• Future Medical Expenses

Tjiane v Road Accident Fund (52384/2021)

Tjiane v Road Accident Fund (52384/2021) [2024] ZAGPPHC 710 (22 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

52384/2021

Judge

Lubbe

The High Court awarded loss-of-earnings damages to a traditional healer injured in a motor vehicle accident, while postponing general damages and past medical expenses.

• Loss Of Earnings
• Personal Injury
• Contingency Deductions
• Quantum Of Damages
• Psychiatric Injury
• Loss-of-earnings

Nicholson v Minister of Defence (85840/2015)

Nicholson v Minister of Defence (85840/2015) [2024] ZAGPPHC 600 (7 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

85840/2015

Judge

T E Joyini

The court found that the expert reports submitted by both parties were stale and did not constitute the best available evidence to assess the plaintiff's current psychiatric condition and quantum of damages. The absence of agreement between the parties on the expert evidence further precluded determination of quantum on the papers. In the interests of justice and to avoid the risk of over- or under-compensation, the court granted the plaintiff's request to refer the matter for oral evidence from the relevant experts.

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• Vicarious Liability
• Quantum Of Damages
• Psychiatric Injury
• Expert Evidence
• Stale Expert Reports

J.R.H and Another v Member of the Executive Council: Department of Health, Free State Province (3270/2016)

J.R.H and Another v Member of the Executive Council: Department of Health, Free State Province (3270/2016) [2023] ZAFSHC 494 (21 December 2023)

Court

Free State High Court, Bloemfontein

Case number

3270/2016

Judge

Gusha, AJ

High Court damages award after admitted medical negligence caused the death of a newborn and severe physical and psychological harm to the parents.

• Medical Negligence
• Quantum Of Damages
• Loss Of Earnings
• General Damages
• Psychiatric Injury
• Contingencies

Felix v Department of Labour; the Compensation Commissioner - Appeal (A210/2023)

Felix v Department of Labour; the Compensation Commissioner - Appeal (A210/2023) [2023] ZAWCHC 301 (28 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A210/2023

Judges

Cloete, Kusevitsky

The court found that the Tribunal committed material misdirections by disregarding compelling and uncontested expert evidence establishing the appellant's total and permanent disablement due to PTSD and Schizo-Affective Disorder. The Tribunal's reliance on the absence of a neuropsychiatric evaluation and its restrictive interpretation of Schedule 2 were erroneous. The court agreed with the reasoning in Ramanand, confirming that item 6 of Schedule 2 covers any injury resulting in 100% disablement, including psychiatric injuries. The compensation award should have reflected total disablement, a…

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• Occupational Injury Compensation
• Permanent Disablement
• Psychiatric Injury
• Compensation Award
• Prescribed Rate Of Interest

L.M and Others v Road Accident Fund - Appeal (A30/2023)

L.M and Others v Road Accident Fund - Appeal (A30/2023) [2023] ZAWCHC 249 (11 October 2023)

Court

Western Cape High Court, Cape Town

Case number

A30/2023

Judges

Lekhuleni, Erasmus N, Samela M

The appellate court found that the trial court erred by requiring proof of a diagnosable psychiatric condition as a prerequisite for liability. The evidence, including uncontested testimony from the deceased's wife, mother, and expert witnesses, established that the deceased suffered severe physical injuries resulting in chronic pain, depression, and impaired judgment. The cumulative effect of these injuries and their sequelae led to the deceased's suicide. The court held that the suicide was not a novus actus interveniens but was causally connected to the accident. The requirements for factu…

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• Loss Of Support
• Causation
• Novus Actus Interveniens
• Road Accident Fund Act
• Psychiatric Injury
• Suicide Liability

N.K v Member of the Executive Council for Health, Eastern Cape - Application for Leave to Appeal (502/2017)

N.K v Member of the Executive Council for Health, Eastern Cape - Application for Leave to Appeal (502/2017) [2023] ZAECBHC 24 (15 August 2023)

Court

Eastern Cape High Court, Bhisho

Case number

502/2017

Judge

Zilwa

The High Court dismissed an application for leave to appeal after finding no reasonable prospect of success in a personal claim for psychological injury.

• Leave To Appeal
• Medical Negligence
• Psychiatric Injury
• Burden Of Proof
• Expert Evidence
• Leave-to-appeal

R.S.M v Road Accident Fund (A137/2018)

R.S.M v Road Accident Fund (A137/2018) [2023] ZAGPPHC 641 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A137/2018

Judges

Munzhelele, Van der Schyff, Millar

The appeal court found that the court a quo did not err in its determination of the quantum of general damages. The evidence did not establish that the appellant suffered a head or brain injury with sequelae attributable to the collision, given the contradictory versions and pre-existing conditions. The court a quo correctly focused on the orthopaedic injuries and their sequelae, including the above-knee amputation and associated fractures and scarring. The award of R900,000.00 was not a striking disparity or substantial variation from what would be appropriate in the circumstances, and there…

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• Road Accident Fund Act
• General Damages
• Quantum Of Damages
• Personal Injury
• Amputation
• Psychiatric Injury

MEC for Education, KwaZulu-Natal v Singh (1188/2021)

MEC for Education, KwaZulu-Natal v Singh (1188/2021) [2023] ZASCA 92; [2023] 9 BLLR 863 (SCA); (2023) 44 ILJ 2447 (SCA) (9 June 2023)

Court

Supreme Court of Appeal

Case number

1188/2021

Judges

Ponnan, Meyer, Olsen

The Supreme Court of Appeal held that wrongfulness was not established in respect of the department's alleged omission to intervene in the workplace dispute between Ms Singh and the principal. The court found that the statutory and regulatory framework governing educators, including grievance and disciplinary procedures, provided adequate remedies for complaints of victimisation and psychiatric harm. Ms Singh failed to utilize these procedures, and her omission to do so precluded a finding of wrongfulness against the department. The employment relationship alone does not create a duty on the…

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• Wrongfulness Of Omission
• Constructive Dismissal
• Grievance Procedure
• Psychiatric Injury
• Employment Of Educators Act
• Liability For Psychological Harm