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South Africa Case Law

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Civil Procedure [2024] ZALMPPHC 167

Makwane v Road Accident Fund (1653/2023)

Makwane v Road Accident Fund (1653/2023) [2024] ZALMPPHC 167 (5 November 2024)

Default judgment was granted in a Road Accident Fund claim, with liability and quantum separated and the defendant held 100% liable for proven damages.

  • Road Accident Fund Claim
  • Default Judgment
  • Separation Of Issues
  • Liability
  • Quantum Postponement
  • Road-accident-fund
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Delict [2024] ZAGPPHC 818

Nene v Road Accident Fund (21619/18)

Nene v Road Accident Fund (21619/18) [2024] ZAGPPHC 818 (19 August 2024)

The court found that the plaintiff, a pedestrian, was struck by a truck due to the insured driver's negligence, as evidenced by uncontested affidavits, police records, and expert medical reports. The defendant failed to rebut the plaintiff's version or comply with procedural requirements regarding the assessment of serious injury. The court held that, in terms of the Road Accident Fund Act and Regulations, compensation for general damages requires the Fund's acceptance or assessment of the injury as serious. The defendant's failure to respond does not entitle the plaintiff to default relief o…

  • Road Accident Fund Act
  • Serious Injury Assessment
  • General Damages
  • Quantum Postponement
  • Undertaking Certificate
  • Negligence
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Civil Procedure [2024] ZAGPPHC 182

Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016)

Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016) [2024] ZAGPPHC 182 (15 February 2024)

The High Court dismissed a prescription special plea in a wrongful detention claim, holding the plaintiffs’ cause of action was complete only when their convictions were set aside in 2015.

  • Prescription Act
  • Wrongful Detention
  • Deprivation Of Liberty
  • Special Plea
  • Quantum Postponement
  • Prescription
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Delict [2023] ZAGPPHC 1930

Hlabisa v Road Accident Fund (89057/2019)

Hlabisa v Road Accident Fund (89057/2019) [2023] ZAGPPHC 1930 (26 April 2023)

The High Court held the Road Accident Fund 100% liable for the plaintiff’s proven damages after accepting his unchallenged evidence; quantum was postponed.

  • Road Accident Fund Act
  • Negligence
  • Liability Of Insured Driver
  • Separation Of Issues
  • Quantum Postponement
  • Road-accident-fund
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Delict [2022] ZAGPPHC 719

Tshangela v Minister of Police (31264/20171)

Tshangela v Minister of Police (31264/20171) [2022] ZAGPPHC 719 (21 September 2022)

The High Court held that the plaintiff’s arrest, detention, and alleged assault were unlawful, finding the arresting officer acted unreasonably under section 40(1)(b).

  • Unlawful Arrest
  • Unlawful Detention
  • Vicarious Liability
  • Actio Iniuriarum
  • Quantum Postponement
  • Assault In Custody
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Delict [2018] ZAGPPHC 518

Bambela and Another v National Director of Public Prosecutions (7179/2014)

Bambela and Another v National Director of Public Prosecutions (7179/2014) [2018] ZAGPPHC 518 (26 January 2018)

The High Court held the National Director of Public Prosecutions liable for malicious prosecution after finding no reasonable cause and malice in persisting with the case.

  • Malicious Prosecution
  • Liability Separation
  • Quantum Postponement
  • Malicious-prosecution
  • Civil-liability
  • Rule-33-4-separation-of-issues
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Delict [2016] ZAGPPHC 559

Motha v Road Accident Fund (40852/2015)

Motha v Road Accident Fund (40852/2015) [2016] ZAGPPHC 559 (23 June 2016)

The court found that the plaintiff had proven dependency on the deceased for financial support, both under common law and customary law principles. The deceased had undertaken and provided support to the plaintiff, and this support was expected to continue. Customary law, as recognized by the Constitution, imposes a duty on children to support their parents when able. The plaintiff's evidence established that she was indigent and relied on the deceased for necessities of life. The defendant's argument that only individual needs should be considered was rejected, and the collective approach to…

  • Loss Of Support
  • Customary Law Parental Support
  • Dependency Claim
  • Quantum Postponement
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Commercial And Corporate [2015] ZAGPPHC 1088

RMB Structured Insurance Ltd v Danresa Boeedery (Pty) Ltd (72663/2012)

RMB Structured Insurance Ltd v Danresa Boeedery (Pty) Ltd (72663/2012) [2015] ZAGPPHC 1088 (20 August 2015)

The court held that non-disclosure of cancellation of prior cover and financial distress was material, allowing the insurer to avoid the policy and recover an interim payment.

  • Insurance Non Disclosure
  • Materiality Of Risk
  • Short Term Insurance Act
  • Moral Hazard
  • Quantum Postponement
  • Insurance-non-disclosure
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Civil Procedure [2010] ZAFSHC 37

Hobe tbv Nkone v Padongelukkefonds (6176/2008)

Hobe tbv Nkone v Padongelukkefonds (6176/2008) [2010] ZAFSHC 37 (8 April 2010)

High Court order separating merits and quantum in a delict claim, with liability conceded, quantum postponed sine die, and postponement costs reserved.

  • Separation Of Issues
  • Loss Of Support
  • Road Accident Fund
  • Quantum Postponement
  • Civil-procedure
  • Separation-of-issues
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.