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South Africa decisions
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Nyasha v Road Accident Fund (019792/2023) [2025] ZAGPJHC 581 (13 May 2025)
The High Court granted liability and awarded past loss of income and impairment of earning capacity in a Road Accident Fund claim, while postponing general damages.
Konza v Road Accident fund (012971/2023) [2025] ZAGPJHC 297 (25 February 2025)
The High Court held the plaintiff 25% contributorily negligent in a right-turn collision and ordered the Road Accident Fund liable for 75% of proved damages.
Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd (20541/2018) [2025] ZAGPPHC 155 (13 February 2025)
The High Court refused Austell’s amendment of its plea, separated a res judicata issue from damages, and held the separated issue should be tried first.
P.B obo S.B and C.B v Road Accident Fund (40955/16) [2025] ZAGPPHC 12 (14 January 2025)
The court held that the statutory cap in section 17(4)(c)(ii) of the Road Accident Fund Act applies individually to each third-party claimant in respect of each deceased breadwinner. This interpretation is supported by the wording of section 17(1), which refers to 'any person (the third party)', and by the purposive approach required for social legislation. The legislature's intent was to ensure financial viability of the Fund without unfairly differentiating between dependants. The court relied on Constantia Insurance Co Ltd v Haerne, which interpreted similar wording in predecessor legislat…
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Simply Africa Trading (Pty) Ltd v Securitas Technology (Pty) Ltd (2021/5691) [2025] ZAGPJHC 61 (13 January 2025)
The High Court held that the security contract did not require 24-hour server-rack monitoring, and that the plaintiff’s delict claim also failed.
Matras v Minister of Police (218/2023) [2024] ZANWHC 119 (30 April 2024)
The High Court found the Minister of Police liable after uncontested evidence showed SAPS members shot the plaintiff with rubber bullets, causing injury.
R.P v Member of the Executive Council for Health, Gauteng (57373/2017) [2022] ZAGPPHC 887 (21 November 2022)
The High Court held the defendant liable for a child’s hypoxic brain injury at birth, finding the plaintiff’s uncontested evidence and expert proof established negligence.
Voss v Road Accident Fund (2091/2019) [2022] ZANCHC 80 (13 September 2022)
The court refused to make a proposed settlement an order, finding the separation of merits and quantum had not been properly sought and evidence was still needed.
Commissioner for the South African Revenue Service v Morgan Beef (Pty) Ltd (66096/2020) [2022] ZAGPPHC 367 (2 May 2022)
The court found that the applicant failed to demonstrate that separation of the prescription issue would be convenient or fair. The issue of prescription is fact-driven and intertwined with the merits, requiring evidence on when the respondent became aware of the letter of demand and whether condonation should be granted. The factual disputes regarding receipt and knowledge of the letter of demand cannot be resolved on paper, and motion proceedings are unsuitable for such disputes. Ordering separation would result in piecemeal litigation, increased costs, and delay in finalising the matter. T…
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Kruger v Road Accident Fund (18283/18) [2022] ZAGPPHC 112 (21 February 2022)
The High Court held the Road Accident Fund 100% liable after finding the insured driver negligently reversed into the plaintiff motorcycle without proper lookout.
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