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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 397

Nxumalo v Road Accident Fund (87438/2023)

Nxumalo v Road Accident Fund (87438/2023) [2025] ZAGPJHC 397 (27 March 2025)

The court granted Rule 38(2) and Rule 33(4) applications, separated liability from quantum, and held the Road Accident Fund liable for 80% of proven damages.

  • Apportionment Of Negligence
  • Road Accident Claims
  • Separation Of Liability And Quantum
  • Rule 38 Evidence
  • Rule 33 Separation
  • Apportionment-of-negligence
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Civil Procedure [2024] ZAGPPHC 185

Malgas and Others v Minister of Justice and Correctional Services (73418/2016)

Malgas and Others v Minister of Justice and Correctional Services (73418/2016) [2024] ZAGPPHC 185 (21 February 2024)

The court held that the plaintiffs’ condonation application was irregular because it conflicted with a prior Rule 33(4) separation order and set it aside.

  • Condonation Application
  • Irregular Proceedings
  • Rule 30
  • Rule 33 Separation
  • Urgent Application
  • Civil-procedure
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Commercial And Corporate [2023] ZAGPJHC 1141

Murray & Roberts Limited v Energy Fabrication (Pty) Ltd and Others (12729/2021)

Murray & Roberts Limited v Energy Fabrication (Pty) Ltd and Others (12729/2021) [2023] ZAGPJHC 1141 (9 October 2023)

High Court ordered separation of issues in a business rescue dispute, including section 133 moratorium and arbitration jurisdiction points, and stayed the proceedings.

  • Business Rescue
  • Contractual Claims
  • Jurisdiction
  • Arbitration Clause
  • Rule 33 Separation
  • Director Liability
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Delict [2023] ZAGPPHC 17

Naidoo v Road Accident Fund (85574/2019)

Naidoo v Road Accident Fund (85574/2019) [2023] ZAGPPHC 17 (19 January 2023)

The High Court apportioned liability 90/10 after finding both the plaintiff and an insured driver negligent in a road collision that ended with the plaintiff hitting a tree.

  • Road Accident Liability
  • Contributory Negligence
  • Apportionment Of Damages
  • Personal Injury
  • Rule 33 Separation
  • Road-accident-liability
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Delict [2020] ZAGPPHC 562

Naidoo v Road Accident Fund (22249/19)

Naidoo v Road Accident Fund (22249/19) [2020] ZAGPPHC 562 (15 October 2020)

High Court road-collision case on liability. The court found both drivers negligent and apportioned liability equally, with the Road Accident Fund liable for 50% of proven damages.

  • Motor Vehicle Collision
  • Apportionment Of Liability
  • Negligence
  • Contributory Negligence
  • Rule 33 Separation
  • Duty Of Care
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Delict [2014] ZAGPPHC 745

Sebokolodi v Road Accident Fund (24047/11)

Sebokolodi v Road Accident Fund (24047/11) [2014] ZAGPPHC 745 (26 September 2014)

High Court delict trial about a road collision. The court found both drivers negligent, apportioned fault 90/10, and held the RAF liable for the passenger’s proven damages.

  • Road Accident Liability
  • Apportionment Of Negligence
  • Rear End Collision
  • Rule 33 Separation
  • Costs Award
  • Road-accident-liability
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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.