Legal Articles and Guides

A mother who sought R28.2m in damages after her son suffered severe brain damage resulting in cerebral palsy has lost her legal battle against the Eastern Cape Department of Health.

The Western Cape Government’s failure to repair a pothole will cost it dearly after the Western Cape High Court found it responsible for a crash that left a George motorcyclist with a below-knee amputation.

A man who was shot, unlawfully arrested and detained by police in Mpumalanga in August 2020 has been awarded more than R500 000 in damages, reports the Cape Times.

The SCA has dismissed an appeal by Tourvest Holdings (Pty) Ltd, trading as Drifters Adventours, in a case involving a negligence claim brought by an Australian tourist who was injured on a safari truck.

A morning assembly protest about a school’s state of decay led to police shooting a pupil, which resulted in a damages claim against the SAPS, reports The Star.

The SCA yesterday dismissed with costs an application by Pick n Pay Retailers for reconsideration of a ruling by SCA Judges Fikile Mokgohloa and Wendy Hughes dismissing with costs the company’s petition for leave to appeal the High Court judgment.

The SAPS has paid out R2.8bn in civil claims related to unlawful arrest, detention and assault since April 2022, with a further R56.7bn in potential claims pending.

A widow and her two minor children are expected to receive R3.7m from the RAF after the death of her husband in a motorcycle accident, reports The Star.

In a RAF claim with a twist, the Gauteng High Court (Pretoria) ruled that when a car is used as a weapon, the fund is not liable to compensate the victim.

The mother of a child (2) who was electrocuted by an electric transformer and suffered severe injuries while playing in an area close to the transformer succeeded in her damages claim against the King Sabato Dalindyebo Municipality.

About 50 000 valid Road Accident Fund (RAF) claims that were rejected because of the fund’s unlawful RAF1 form for claims are in danger of prescribing.

Thembelihle Ngedle, a general worker from Katlehong, who was arrested for allegedly damaging property at his workplace, is planning to sue the state for R9m after the charges were dropped seven months later, reports News24.

The lengths the Road Accident Fund (RAF) was prepared to go in order to avoid settling claims with lawyers representing victims of car accidents were revealed in Parliament on Friday, when the SIU briefed Scopa as part of the committee’s ongoing investigation into the fund’s governance failures, financial mismanagement, legal costs and allegations of corruption.

The Road Accident Fund must reimburse a woman for the laser treatment she received to her ‘horribly disfigured’ face after she was hit by a car while jogging in Hout Bay, reports IoL.

A father of four who was shot at close range by police with rubber bullets in the aftermath of a service delivery protest, which he did not partake in, is set to receive R250 000 in damages.