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South Africa Case Law

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Civil Procedure [2022] ZAMPMBHC 17

Willemse v Road Accident Fund (3214 / 2019)

Willemse v Road Accident Fund (3214 / 2019) [2022] ZAMPMBHC 17 (4 April 2022)

The High Court dismissed a Road Accident Fund claim after finding the defendant could withdraw a Rule 34 tender accepted by the plaintiff, and that negligence was not proved.

  • Withdrawal Of Offer
  • Rule 34 Tender
  • Negligence
  • Road Accident Fund Act
  • Misrepresentation
  • Burden Of Proof
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Civil Procedure [2016] ZAGPPHC 920

Citha v Road Accident Fund (82352/2014)

Citha v Road Accident Fund (82352/2014) [2016] ZAGPPHC 920 (20 October 2016)

The court held that the Road Accident Fund validly withdrew a Rule 34 settlement offer before acceptance, where the offer had been made in genuine error.

  • Rule 34 Settlement Offer
  • Withdrawal Of Offer
  • Personal Injury
  • Apportionment Of Merits
  • Rule-34-settlement-offer
  • Withdrawal-of-offer
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Labour Law [2003] ZALAC 2

Maada v Member of the Executive Council of the Northern Province for Finance and Expenditure and Another (JA34/01)

Maada v Member of the Executive Council of the Northern Province for Finance and Expenditure and Another (JA34/01) [2003] ZALAC 2; (2003) 24 ILJ 937 (LAC); [2003] 5 BLLR 422 (LAC) (19 March 2003)

The Labour Appeal Court held that the special initiative for voluntary severance was structured as an invitation for employees to request discharge, which the employer could approve or reject. The appellant's request constituted an offer, which he was entitled to withdraw at any time before acceptance was communicated. The employer's approval had not been conveyed to the appellant at the time of withdrawal, making the withdrawal effective. The respondent's reliance on case law regarding unilateral notices of termination was misplaced, as the facts involved a request for mutual agreement, not…

  • Voluntary Severance Package
  • Withdrawal Of Offer
  • Unlawful Dismissal
  • Public Service Act
  • Contractual Termination
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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.