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South Africa decisions
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Gourlay v Road Accident Fund (13645/2019) [2024] ZAWCHC 398 (28 November 2024)
High Court general-damages judgment in a Road Accident Fund claim arising from a 2017 collision, addressing serious injury, scarring, and comparable awards.
Nkuna v Road Accident Fund (1180 / 2018) [2022] ZAMPMBHC 15 (4 April 2022)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove that an insured driver negligently caused the collision.
Mothibi v Health Professions Council of South Africa and Others (23432/18) [2021] ZAGPPHC 254 (12 April 2021)
The court found that the appeal tribunal failed to exercise its powers to gather further information and did not require additional medical evidence before making its decision. The tribunal's reliance on its own 'feeling' regarding the applicant's spinal and epilepsy injuries, without obtaining radiology reports or further expert assessments, rendered its decision unreasonable and arbitrary. The tribunal misconceived its jurisdiction by acting outside the powers conferred by the Road Accident Fund Act and PAJA. The decision of the tribunal was therefore reviewed and set aside, and the respond…
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