Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Delict [2008] ZAGPHC 420

Mankayi v Anglogold Ashanti Limited (06/22312)

Mankayi v Anglogold Ashanti Limited (06/22312) [2008] ZAGPHC 420 (26 June 2008)

The court held that section 35(1) of COIDA is clear and unequivocal in barring any action for damages by an employee against the employer in respect of occupational injury or disease, including those compensatable under ODIMWA. The legislative history demonstrates that both COIDA and ODIMWA form a comprehensive statutory compensation regime for mineworkers, and there is no rational basis for treating claims under ODIMWA differently. The maxim generalia specialibus non derogant does not apply because the legislative intention is manifestly clear. Constitutional arguments regarding equality and…

  • Occupational Diseases
  • Statutory Bar To Common Law Claims
  • Compensation For Injuries
  • Silicosis
  • Constitutional Interpretation
  • Statutory Interpretation
Read case analysis

About this LexChat collection

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.