Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Moeketsi v Road Accident Fund (959/2023) [2024] ZAFSHC 411 (24 December 2024)
The High Court dismissed RAF special pleas, holding the claimant substantially complied with section 24 despite missing documents said to affect only quantum.
Masilo v Road Accident Fund (5599/2023) [2024] ZAFSHC 372 (22 November 2024)
The High Court held that the plaintiff substantially complied with section 24 of the Road Accident Fund Act, so the RAF’s special pleas were dismissed.
Songo v Minister of Police and Others (63867/17) [2020] ZAGPPHC 673 (17 November 2020)
The High Court held that notice under the state-liability Act was served timeously, dismissed the non-compliance plea, and upheld misjoinder of the third respondent.
Mzimba v Road Accident Fund (59973/2019) [2020] ZAGPPHC 532 (20 July 2020)
The court found that the plaintiff was a passenger in the loader bucket of a TLB, which qualifies as a motor vehicle under the Road Accident Fund Act. The accident occurred due to the insured driver's negligence, as uncontested evidence showed the driver lost control, causing the plaintiff to be thrown out and injured. The defendant's special pleas of lack of jurisdiction, premature summons, and non-compliance with Regulation 3 were dismissed as baseless and unsupported by facts or law. The defendant admitted negligence in its plea and failed to appear or contest the proceedings. The plaintif…
Source excerpt
Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (CC82/2017) [2017] ZAGPPHC 749 (14 November 2017)
The court held that BP was not entitled to plead to the charges at the hearing of 13 November 2017 because Uzani had not yet finalized the indictment and reasonable notice had not been given in light of BP's special pleas. The sequence of procedural steps must commence with Uzani delivering a final amended indictment, followed by the hearing of BP's application to compel documents, and only thereafter may BP object to the charges or plead. The court ruled that the application to compel documents should be dealt with in the same manner as the delivery of particulars under section 87 of the Cri…
Source excerpt
Levendal v Road Accident Fund (9014/2014) [2016] ZAGPPHC 720 (1 April 2016)
The court rejected the Road Accident Fund’s contributory negligence defence, dismissed its special pleas, and held it liable for 100% of the plaintiff’s proven damages.
Solidarity obo Strydom and Another v Albert Luthuli Municipality Council (JS 230/08) [2010] ZALC 2; (2010) 31 ILJ 1486 (LC) (14 January 2010)
The court found that the applicants' failure to serve notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act was due to ignorance and not disinterest, and that the respondent suffered no unreasonable prejudice as it was aware of the claims and had responded comprehensively. The applicants demonstrated good cause for the delay, and the statutory requirements for condonation were met. The arbitration clause in the employment contract did not oblige referral to arbitration unless invoked by written notice, which neither party did. The Labour Court has jurisdi…
Source excerpt
Explore more
