South Africa Case Law

Van Der Molen v South African Civil Aviation Authority (57741/2021 ; 57742/2021)

Van Der Molen v South African Civil Aviation Authority (57741/2021 ; 57742/2021) [2023] ZAGPJHC 988 (5 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

57741/2021 ; 57742/2021

Judge

Fisher

The High Court dismissed exceptions in two related damages actions against the Civil Aviation Authority, finding notice issues must be raised by special plea.

• Institution Of Legal Proceedings Against Organs Of State Act
• Duty Of Care
• Statutory Exclusion Of Liability
• Defamation
• Aquilian Action
• Administrative Decision Review

Attorneys' Fidelity Fund v Prevance Capital (Pty) Ltd (917/17)

Attorneys' Fidelity Fund v Prevance Capital (Pty) Ltd (917/17) [2018] ZASCA 135 (28 September 2018)

Court

Supreme Court of Appeal

Case number

917/17

Judges

Navsa, Mathopo, Van der Merwe, Mocumie, Molemela

The Supreme Court of Appeal held that the funds deposited by Prevance Capital (Pty) Ltd into Mr Weide's trust account were entrusted to the attorney within the meaning of s 26(a) of the Attorneys Act. The finance agreements required Mr Weide to act as agent and undertake specific professional duties for Prevance, including FICA compliance and payment of rates and taxes. The court found that the transaction was not an investment, and the statutory exclusion in s 47(1)(g) did not apply. The Board's reliance on s 47(5) was misplaced, as the facts did not fit the statutory presumptions for exclus…

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• Attorneys Fidelity Fund
• Entrustment Of Funds
• Theft By Attorney
• Statutory Exclusion Of Liability
• Bridging Finance
• Trust Account Liability

Road Accident Fund v Monjane (295/06)

Road Accident Fund v Monjane (295/06) [2007] ZASCA 57; [2007] 4 All SA 987 (SCA) ; 2010 (3) SA 641 (SCA); (2007) 28 ILJ 2516 (SCA) (18 May 2007)

Court

Supreme Court of Appeal

Case number

295/06

Judges

Scott, Cameron, Cloete, Maya, Theron

The SCA held that an employee injured in the course of employment cannot claim from the RAF where the employer-driver caused the accident and COIDA excludes delictual liability.

• Road Accident Fund Act
• Compensation For Occupational Injuries And Diseases Act
• Statutory Exclusion Of Liability
• Occupational Injury
• Employer Liability
• Road-accident-fund

Pretorius v Transnet Bpk. (627/92)

Pretorius v Transnet Bpk. (627/92) [1994] ZASCA 178; 1995 (2) SA 309 (AD); [1995] 2 All SA 53 (A) (29 November 1994)

Court

Supreme Court of Appeal

Case number

627/92

Judges

Van Heerden, Vivier, Kumleben, Van Den Heever, Nicholas

The Supreme Court of Appeal held that section 20 of the Military Pensions Act does not exclude a claim for general damages (solatium) against the State. The Court reasoned that the statutory compensation regime was not intended to cover all heads of damage, particularly general damages for pain, suffering, and loss of amenities, and that the legislative intent behind the 1976 Act differed from that of the earlier War Pensions Acts. The Court distinguished the present case from Casely, finding that the presumption against abrogation of common law rights was not rebutted by the purposes of the…

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• Military Pensions
• Statutory Exclusion Of Liability
• General Damages
• Loss Of Earning Capacity