Legal Articles and Guides
Almost R1m damages following unlawful arrest
The conduct of police officers in arresting a motorist on a non-charge of reckless driving, his wife for trumped-up charges of interfering with the SAPS for doing their work, pepper spraying the couple and insults hurled at the wife which were so profound that an interpreter refused to translate the words in court, will cost the taxpayers dearly.
Woman’s RAF claim for late ‘husband’ dismissed
Lulama Kunene has lost a legal battle with the Road Accident Fund (RAF) after she was unable to prove that she was entitled to receive financial support from the fund following the death of her partner.
RAF warns against fraudulent claims
The Road Accident Fund (RAF) says it is aware of a growing trend of people throwing themselves against moving vehicles in an attempt to benefit from fraudulent claims, according to Fin24.
Property owner liable for woman’s fall
A trip to a restaurant to have a meal turned into a nightmare for Kawshlia Gajjar, who on her way through a shopping complex sustained serious injuries when she tripped and fell due to the uneven height between two sets of coloured paving in April 2021.
Woman loses gate injury claim
Alfreda Alberts (70) sued the landlord of the premises where her practice is located for damages after she claimed that she had suffered injuries when a steel motor-gate fell on her.
RAF to pay traditional healer for loss of smell and taste
A traditional healer (31) who had lost her sense of smell and taste has been awarded an amount of R2.7m from the Road Accident Fund (RAF) in respect of loss of future earnings.
Woman get R3.5m in first-of-its-kind revenge porn case
A Germiston woman has won a first-of-its-kind ruling in the Gauteng High Court (Johannesburg) after she successfully sued a couple for distributing revenge porn about her on Facebook.
Mother sues department over birth swop
Sibongile Makhoba was on cloud nine after she delivered twins at the Heidelberg Hospital in 2002. She named them Zandile and Zandi and raised them at her home in Ratanda township.
Ruling upholds mother’s claim of negligence
The Western Cape High Court has ruled in favour of a mother (35) in what a Cape Argus report calls a landmark case against the Health MEC, involving medical negligence during childbirth experienced at the Mitchell’s Plain Midwife Obstetric Unit.
Almost R4m awarded for 523 days in prison
The deprivation of liberty is a serious infringement on a person’s rights. The emotional distress and reputational harm caused by wrongful detention and malicious prosecution justify significant compensation, but the award must also be fair and balanced.
Claim against Eersterust school dismissed
Staff members at a school are neither God nor air, a judge said in turning down a damages claim by a now former pupil at Nantes Primary School in Eersterust who blamed the school for the fact that he was attacked by a fellow pupil on the schoolground during a break.
RAF petitions SCA President for appeal
The Road Accident Fund (RAF) has petitioned the President of the SCA after the same court refused to hear its leave to appeal in a matter over its decision to change its accounting policies.
Man awarded R95 000 after unlawful arrest ordeal
A Mahikeng man who missed the birth of his child after he was unlawfully arrested and detained will be paid R95 000 after he took the Police Minister to the North West High Court for spending two days behind bars on an unfounded arson charge.
Health MEC to pay R13m in cerebral palsy case
The KZN MEC for Health has to pay R13.1m in damages to the mother of a now 10-year-old daughter who was born with brain damage at the Christ the King Hospital in Ixopo.
SAPS ordered to pay R2m for 'brutal assault'
In what a Pretoria News report calls a ruling highlighting the ongoing issue of police brutality in SA, the Western Cape High Court has ordered the SAPS to pay nearly R2m in damages to a former DJ who lost an eye during a police raid in Cape Town.