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South Africa decisions
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Jordaan obo S. M. E. v Road Accident Fund (Y2012/202045) [2025] ZAGPJHC 646 (27 June 2025)
Road Accident Fund quantum judgment for a minor injured in a motor vehicle collision, with liability settled at 100% and loss of earnings awarded.
S.S.M obo B.S.M v Member of Executive Council for Health, Kwazulu-Natal (7904/15) [2025] ZAKZDHC 38 (18 June 2025)
High Court damages judgment for a child with cerebral palsy arising from birth negligence, addressing life expectancy, caregiving, loss of earnings, and general damages.
Member of the Executive Council for the Department of Health, Eastern Cape v S.N (4442/2019) [2025] ZAECMHC 48 (10 June 2025)
The court rescinded an October 2023 order in a medical-negligence damages case, finding the defendant was not heard on Trust terms and a cost order, but upheld the settlement agreement on damages.
J.K.M obo P.M v Road Accident Fund (2084/2023) [2024] ZAFSHC 346 (25 October 2024)
Minor passenger suffered severe traumatic brain injury and disfigurement in a motor vehicle accident; court awarded future loss of earnings, general damages, trust protection, and costs.
T.D.P obo B.O.P v Road Accident Fund (2453/2018) [2024] ZAFSHC 254 (21 August 2024)
The High Court awarded damages to a minor injured in a road accident, set the award at R5,572,943, ordered a trust for protection, and criticised the RAF’s lack of instructions.
G.C. obo Minor Child v Mec for Education Gauteng (09548/2016) [2024] ZAGPJHC 797 (12 August 2024)
High Court damages award for a minor blinded in one eye and injured in a classroom assault, with compensation for medical costs, lost earning capacity, general damages, and a protective trust.
KTP obo OP v Minister of Health of the National Department of Health and Others (109/2017) [2024] ZANWHC 120 (6 May 2024)
High Court damages award for a minor with severe cerebral palsy after medical negligence, including general damages, loss of earning capacity, and a trust order.
Executive Mayor of the City of Cape Town v Director of Public Prosecutions and Another - Application for Leave to Intervene and Leave to Appeal (CC60/2021) [2023] ZAWCHC 278 (13 November 2023)
The High Court dismissed the Executive Mayor’s application for leave to appeal, holding the challenge was premature and insufficiently developed on the facts.
Mucavele and Another v MEC for Health, Mpumalanga Province (889/2022) [2023] ZASCA 129; - (11 October 2023)
The Supreme Court of Appeal held that the high court erred in refusing to make the consent settlement agreement an order of court and in amending its terms. The high court's finding of an illegal contingency fee arrangement was not supported by the evidence, and even if such an arrangement existed, it would not invalidate the settlement agreement. The high court had no power to make orders against VZLR Inc when it was not a party to the proceedings. The orders made by the high court were set aside, and the consent order reflecting the parties' agreement was made an order of court. The costs i…
Source excerpt
Mthembu obo S.S.Z v RAF [2023] ZAGPPHC 462; 81106/2017 (9 June 2023)
The High Court awarded a minor damages and loss of earnings after a road accident, and ordered that the funds be protected in a trust.
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