South Africa: Personal Injury

The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.

South African prescription law is more nuanced than a simple three-year countdown. The critical question is not when an event occurred, but when a claimant possessed sufficient knowledge to recognize they may have a claim—a determination that depends heavily on the specific facts and circumstances of each case.

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.

In legal proceedings, the joinder of a third party can be a critical aspect, especially in cases where multiple parties may share liability.

In the realm of delictual claims, the concept of foreseeability of damages is both fundamental and frequently underestimated.

In a recent court case, the Johannesburg High Court delivered a judgment on 8 January 2025 pertaining to disclaimers. The case revolved around a delictual claim for damages by the plaintiff who sustained injuries.

On Monday, 17 April 2023, Government Notice. 694 of 2023 was published in Government Gazette No. 48431, in terms of which the President of the Republic of South Africa gave notice...

Within the first month of the new year, there have been 2 (TWO) tigers reported to have escaped from captivity and found to be roaming around freely on the streets.

It is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing.