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South Africa decisions
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Du Preez N.O obo Shabangu v MEC for Health, Gauteng (58051/2018) [2025] ZAGPPHC 465 (2 May 2025)
The High Court varied a prior order under Rule 42(1)(b) to correct a patent omission and include costs, including curator ad litem costs.
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.
Reyneveldt obo Khethabahle v Minister of Safety and Security and Another (2012/33658) [2024] ZAGPJHC 411 (25 April 2024)
A delict claim for an alleged police shooting during a protest failed because the plaintiff did not prove on a balance of probabilities that police caused the injury.
Gazi v Member of the Executive Council for the Department of Health Eastern Cape (413/2021) [2023] ZAECBHC 11 (13 June 2023)
The High Court held the defendant liable for negligent treatment at Elliot Hospital, after undisputed evidence showed the plaintiff’s leg amputation followed poor emergency care.
Maleshane v Road Accident Fund (2018/15270) [2022] ZAGPPHC 937 (25 November 2022)
Default judgment in a Road Accident Fund matter: the court found the insured driver negligent and held the defendant liable for 100% of damages, with quantum postponed.
I.P.M obo L.M v Member of the Executive Council for Health, Gauteng Provincial Government (Y63356/19) [2022] ZAGPPHC 299 (5 May 2022)
Quantum proceedings in a medical-negligence claim over severe birth injury at Pholosong Hospital were settled by agreement after liability had already been separated.
Saunders v Road Accident Fund (12828/2019) [2020] ZAGPPHC 413 (30 June 2020)
The court found that the plaintiff discharged the onus of proof by providing credible and consistent evidence, corroborated by an independent eyewitness, that the collision was caused solely by the negligence of the unidentified bakkie driver. The defendant failed to adduce any evidence to rebut the plaintiff's version or establish contributory negligence. The court accepted that the plaintiff acted as a reasonable driver and could not have avoided the accident. The absence of an officer's accident report did not prejudice the defendant, as sufficient information was provided. The court held…
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C W obo Minor (I C) v Passenger Rail Agency of South Africa (8283/2018) [2019] ZAGPJHC 205 (28 June 2019)
The High Court held PRASA liable after finding that a minor was pushed from a moving train with open doors at Mayfair station, causing an ankle injury.
Mbangula v Road Accident Fund (07999/16) [2017] ZAGPJHC 435 (8 September 2017)
The court found the plaintiff proved liability in a dependants’ claim against the Road Accident Fund. Quantum was postponed and the defendant was ordered to pay costs.
Weiss N.O and Another v Atlas Panelbeaters (Pty) Ltd (73425/2013) [2015] ZAGPPHC 1041 (18 December 2015)
The court found that a contractual agreement existed between the plaintiffs and the defendant for the repair of the truck, regardless of the involvement of the insurer. The evidence established that the defendant failed to execute the repairs in a workmanlike manner, resulting in consequential damages not covered by the insurance policy. The principle of subrogation did not apply to bar the plaintiffs' claim for these damages, as the insurer only subrogates rights for indemnified losses. The plaintiffs provided sufficient evidence of defective repairs and resulting losses. The defendant's cou…
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