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South Africa Case Law

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Administrative Law [2018] ZAGPPHC 703

Lungisa Pump (Pty) Ltd v Exxaro Coal Mpumalanga (Pty) Ltd (25001/15)

Lungisa Pump (Pty) Ltd v Exxaro Coal Mpumalanga (Pty) Ltd (25001/15) [2018] ZAGPPHC 703 (25 April 2018)

Court
North Gauteng High Court, Pretoria
Case number
25001/15
Judge
M Sello

The applicant failed to discharge the onus of showing that the requested records are required for the exercise or protection of its rights as contemplated by section 50 of PAIA. The applicant merely asserted its rights to privacy and reputation without specifying the steps it intended to take to protect those rights or demonstrating the relevance of the requested information to such steps. The court found that the mere existence of constitutionally protected rights does not entitle a requester to access records under PAIA; more is required. The applicant's case faltered at the first stage of…

Source excerpt

  • Promotion Of Access To Information Act
  • Right To Privacy
  • Reputational Damage
  • Protected Disclosures
  • Onus Of Proof
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Delict [2013] ZAWCHC 131

Miller v Road Accident Fund (A 134/2013)

Miller v Road Accident Fund (A 134/2013) [2013] ZAWCHC 131 (12 September 2013)

Court
Western Cape High Court, Cape Town
Case number
A 134/2013
Judges
J I Cloete, L J Bozalek, A G Binns-Ward

The court found that the appellant proved, on a balance of probabilities, that the motor vehicle collision and its sequelae were the direct cause of his psychological condition, which materially impaired his professional performance and led to reputational damage. This reputational harm resulted in the loss of specific work opportunities and diminished earning capacity. The court rejected the respondent's arguments that other factors were the primary cause, finding that the evidence supported a causal link between the collision and the losses claimed. The court held that the loss was not too…

Source excerpt

  • Road Accident Fund Act
  • Loss Of Earning Capacity
  • Quantification Of Damages
  • Causation
  • Reputational Damage
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.