South Africa Case Law

Central Authority for the Republic of South Africa and Another v K.Z-S (47309/2024)

Central Authority for the Republic of South Africa and Another v K.Z-S (47309/2024) [2024] ZAGPJHC 890 (10 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

47309/2024

Judge

Mahalelo

The court found that Germany was the habitual residence of the minor children immediately prior to their retention in South Africa, based on their residence, school enrolment, and family connections in Munich. The respondent's retention of the children in South Africa after the agreed holiday period was unlawful and breached the second applicant's rights of custody. The respondent failed to establish, on a balance of probabilities, that returning the children to Germany would expose them to a grave risk of physical or psychological harm or place them in an intolerable situation as required by…

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• Hague Convention Child Abduction
• Habitual Residence
• Best Interests Of Child
• Grave Risk Exception
• Shared Custody
• Psychological Harm

T.M.A v Minister of Police (74452/2017)

T.M.A v Minister of Police (74452/2017) [2022] ZAGPPHC 813 (21 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

74452/2017

Judge

Mazibuko

High Court held the arrest and detention unlawful and awarded R2 million for two years' detention, harsh jail conditions, and related harm.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Vicarious Liability
• Personal Injury
• Psychological Harm

Povey v Road Accident Fund (63390/16)

Povey v Road Accident Fund (63390/16) [2022] ZAGPPHC 32 (18 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

63390/16

Judge

JT Leso

The court awarded general damages for psychological harm after a fatal accident, but dismissed the plaintiff’s loss of income claim for lack of proof.

• Loss Of Income
• General Damages
• Psychological Harm
• Actuarial Evidence
• Onus Of Proof
• Road-accident-fund

Manyi v Dhlamini (36077/13)

Manyi v Dhlamini (36077/13) [2018] ZAGPPHC 563 (18 July 2018)

Court

North Gauteng High Court, Pretoria

Case number

36077/13

Judge

N.M. Mavundla

The court found that the statements made by the defendant on WhatsApp were defamatory, impugning the plaintiff's dignity, reputation, and moral character. The threat of 'necklacing' constituted injuria and psychological harm, violating the plaintiff's rights under sections 10 and 12 of the Constitution. The publication was wide, given the nature of social media. The defendant failed to defend the matter or tender an apology. The quantum of damages was determined by considering the seriousness of the defamation, the extent of publication, the plaintiff's reputation, and the conduct of the defe…

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• Defamation
• Injuria
• Psychological Harm
• Quantum Of Damages
• Social Media Publication

Central Authority for the Republic of South Africa v O (19685/2015)

Central Authority for the Republic of South Africa v O (19685/2015) [2018] ZAGPJHC 15 (13 February 2018)

Court

South Gauteng High Court, Johannesburg

Case number

19685/2015

Judge

Mashile

The court found that although proceedings commenced within the 12-month period prescribed by Article 12 of the Hague Convention, the significant delay in resolution and the evidence presented demonstrated that J had settled in South Africa. Expert reports from the curatrix ad litem, social worker, and educational psychologist unanimously indicated that uprooting J from his environment would expose him to severe psychological harm and place him in an intolerable situation. The respondent's financial vulnerability in Ireland and lack of support further substantiated the risk of harm. The court…

Source excerpt

• Hague Child Abduction Convention
• Children S Act
• Wrongful Retention
• Settlement In New Environment
• Psychological Harm
• Best Interests Of Child

Louw v S (A297/11)

Louw v S (A297/11) [2013] ZAFSHC 19 (28 February 2013)

Court

Free State High Court, Bloemfontein

Case number

A297/11

Judges

Lekale, Da Rocha-Boltney

The Free State High Court held that a 30-year sentence for raping a 9-year-old girl was too lenient and substituted life imprisonment.

• Rape Of Minor
• Minimum Sentences
• Substantial And Compelling Circumstances
• Sentencing Principles
• Psychological Harm
• Life Imprisonment

Piliso v Old Mutual Life Assurance Company (SA) Limited and Others (C32/2005)

Piliso v Old Mutual Life Assurance Company (SA) Limited and Others (C32/2005) [2006] ZALC 107; (2007) 28 ILJ 897 (LC) (5 December 2006)

Court

Labour Court

Case number

C32/2005

Judge

Nel

The Labour Court held that the applicant failed to prove the perpetrator was an employee, but awarded constitutional damages for the employer’s inadequate response.

• Sexual Harassment
• Employment Equity Act
• Constitutional Damages
• Fair Labour Practices
• Employer Liability
• Psychological Harm

Jackson v Jackson (18/2001)

Jackson v Jackson (18/2001) [2001] ZASCA 139; 2002 (2) SA 303 (SCA) (29 November 2001)

Court

Supreme Court of Appeal

Case number

18/2001

Judges

Hefer, Marais, Scott, Cloete, Brand

Appeal about whether two children should be allowed to emigrate with their custodial father to Australia after divorce.

• Custody Variation
• Child Emigration
• Best Interests Of Child
• Parental Access
• Psychological Harm
• Constitutional Paramountcy