Esheria South Africa Case Law
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
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2019] ZAGPPHC 437

Bangiwe v Road Accident Fund (21327/17)

Bangiwe v Road Accident Fund (21327/17) [2019] ZAGPPHC 437; 2021 (3) SA 172 (GP) (30 August 2019)

Court
North Gauteng High Court, Pretoria
Case number
21327/17
Judge
Kumalo

The court held that section 17 of the Road Accident Fund Act must be interpreted in light of its purpose, which is to provide broad protection and compensation for loss or damage caused by the negligent driving of motor vehicles. The phrase 'at any place within the Republic' was deliberately chosen by the legislature to ensure coverage is not limited to traditional roads or above-ground locations. Excluding underground mine accidents would create an unfair anomaly and contradict the Act's social purpose. The Act does not require that the accident occur on a 'road', and the defendant's argumen…

Source excerpt

  • Road Accident Fund Act
  • Statutory Interpretation
  • Liability For Motor Vehicle Accidents
  • Social Legislation
  • Compensation For Bodily Injury
Read case analysis
Constitutional Law [2018] ZALCC 32

Molobi v South African National Parks and Others (LCC50/2014)

Molobi v South African National Parks and Others (LCC50/2014) [2018] ZALCC 32; 2018 (6) SA 217 (LCC) (18 June 2018)

Court
Land Claims Court
Case number
LCC 50/2014
Judge
DS Molefe

The Court held that the income threshold in the definition of 'occupier' under section 1(c) of ESTA is rationally connected to the legitimate government purpose of protecting vulnerable persons from unfair evictions due to historical discrimination. The differentiation based on income is not arbitrary and does not amount to unfair discrimination under section 9 of the Constitution. The exclusion of higher income earners is reasonable and justified, considering the targeted nature of social legislation and the need to preserve State resources for those most in need. The applicant failed to dem…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Income Thresholds
  • Equality Clause
  • Tenure Security
  • Constitutional Invalidity
  • Social Legislation
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.

Source links and collection timestamps are retained alongside the indexed records.