Makwane v Road Accident Fund (1653/2023) [2024] ZALMPPHC 167 (5 November 2024)
Court
Limpopo High Court, Polokwane
Case number
1653/2023
Judge
M S Monene
Default judgment was granted in a Road Accident Fund claim, with liability and quantum separated and the defendant held 100% liable for proven damages.
Nene v Road Accident Fund (21619/18) [2024] ZAGPPHC 818 (19 August 2024)
Court
North Gauteng High Court, Pretoria
Case number
21619/18
Judge
Malatsi-Teffo
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…
Malgas and Another v Minister of Justice and Correctional Services (Special plea) (73418/2016) [2024] ZAGPPHC 182 (15 February 2024)
Court
North Gauteng High Court, Pretoria
Case number
73418/2016
Judge
Makhoba
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.
Hlabisa v Road Accident Fund (89057/2019) [2023] ZAGPPHC 1930 (26 April 2023)
Court
North Gauteng High Court, Pretoria
Case number
89057/2019
Judge
Oosthuizen-Senekal CSP
The High Court held the Road Accident Fund 100% liable for the plaintiff’s proven damages after accepting his unchallenged evidence; quantum was postponed.
Tshangela v Minister of Police (31264/20171) [2022] ZAGPPHC 719 (21 September 2022)
Court
North Gauteng High Court, Pretoria
Case number
31264/20171
Judge
Mncube
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).
Bambela and Another v National Director of Public Prosecutions (7179/2014) [2018] ZAGPPHC 518 (26 January 2018)
Court
North Gauteng High Court, Pretoria
Case number
7179/2014
Judge
S S Mphahlele
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.
Motha v Road Accident Fund (40852/2015) [2016] ZAGPPHC 559 (23 June 2016)
Court
North Gauteng High Court, Pretoria
Case number
40852/2015
Judge
C J van der Westhuizen
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…
RMB Structured Insurance Ltd v Danresa Boeedery (Pty) Ltd (72663/2012) [2015] ZAGPPHC 1088 (20 August 2015)
Court
North Gauteng High Court, Pretoria
Case number
72663/2012
Judge
J W Louw
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.
Hobe tbv Nkone v Padongelukkefonds (6176/2008) [2010] ZAFSHC 37 (8 April 2010)
Court
Free State High Court, Bloemfontein
Case number
6176/2008
Judge
Rampai
High Court order separating merits and quantum in a delict claim, with liability conceded, quantum postponed sine die, and postponement costs reserved.