South Africa Case Law

Boutell v Road Accident Fund (324/2017)

Boutell v Road Accident Fund (324/2017) [2018] ZASCA 90; 2018 (5) SA 99 (SCA) (31 May 2018)

Court

Supreme Court of Appeal

Case number

324/2017

Judges

Navsa, Majiedt, Mbha, Plasket, Hughes

The Supreme Court of Appeal held that voluntary contributions to a retirement annuity fund are not employment benefits and thus cannot be claimed as loss of earnings under the Road Accident Fund Act. The distinction between pension fund contributions, which arise from employment contracts, and retirement annuity contributions, which are voluntary investments, is legally valid. The exclusion of retirement annuity contributions does not constitute unfair discrimination, as the differentiation is not based on inherent characteristics protected by the Constitution. The court affirmed the High Cou…

Source excerpt

• Road Accident Fund Act
• Loss Of Earnings
• Retirement Annuity
• Pension Fund Distinction
• Constitutional Equality
• Damages Quantification

Zulu v Mbombela Housing Association (41676/13)

Zulu v Mbombela Housing Association (41676/13) [2016] ZAGPPHC 78 (5 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

41676/13

Judge

S. A. M. Baqwa

The High Court held that a termination package for a former general manager had been approved, and ordered the defendant to pay the outstanding balance plus interest and costs.

• Termination Package
• Accrued Leave
• Salary Underpayment
• Retirement Annuity
• Burden Of Proof
• Termination-package

Herbst v Sanlam Life Insurance Limited and Others (13776/2012)

Herbst v Sanlam Life Insurance Limited and Others (13776/2012) [2014] ZAWCHC 30 (12 March 2014)

Court

Western Cape High Court, Cape Town

Case number

13776/2012

Judge

J Cloete

The court dismissed a claim that a divorce settlement entitled the applicant to 50% of a later living annuity, holding the insurer complied with statute and any further claim had prescribed.

• Retirement Annuity
• Divorce Settlement
• Pension Interest
• Prescription Of Claims
• Statutory Interpretation
• Retirement-annuity