In South Africa approximately 1 million road accidents are reported every year with the majority caused by human factors. On average 40 people are fatally injured and at least 20 left permanently disabled. With our country’s poor road safety it comes as no surprise that The Road Accident Fund Act 56 of 1996 was established with the prime purpose of compensating road accident victims.
Non-pecuniary damages or general damages can be described as damages suffered by a person that are not quantifiable in monetary terms. The aim of awarding these damages is to compensate a plaintiff for any harm suffered as a result of injuries sustained including pain and suffering, disfigurement, emotional harm, permanent disabilities and loss of amenities of life.
Business rescue can be defined as “the rehabilitation of a company that is financially distressed or is experiencing financial problems”.
When a company is financially distressed it is reasonably unlikely that:
○ the company is going to pay all of its debts as they become due and payable within half a year; or
○ the company will become insolvent within half a year.
As the number of retrenchments begin to soar as a result of companies suffering under the Covid-19 crisis, it becomes increasingly important for both employers and employees to understand the basic processes of retrenchment and how these processes are to be applied and regulated.
Case Summary : HM v LM
interim relief was granted to the applicant on the 28th of
January 2020 and the applicant wanted to confirm this relief, pendente
lite. The following relief was granted to the applicant in terms of the interim
order, namely that the respondent was, “…interdicted and
restrained from alienating, entering into any sale of or transferring,
Following the death of the Plaintiff’s finance in a motor vehicle accident, a claim for damages in the form of past and future loss of maintenance was brought against the defendant fund (the Road Accident Fund). The issues in dispute were the following:
The deceased’s duty to support the Plaintiff, RAF’s obligation to pay the amount claimed or any other
amount; andThe quantum of the...
In the Ex
Parte application of Van Heerden (Ex parte Van Heerden
(MN) unreported case no. 1079/2020, 27 -3-2020), the applicant sought relief
from the Acting Judge Roelofse, in the Mpumalanga Division of the High Court in
Nelspruit, seeking permission to travel from Mbombela, Mpumalanga to Hofmeyr,
in the Eastern Cape for the purpose of attending a family funeral.
of deceased breadwinners entitled to claim from the Road Accident Fund in the
form of loss of support?
17(1) of the Road Accident Fund Act 56 of 1996 makes provision for
claims for loss of support against the Road Accident Fund where the breadwinner passed away as a result of a motor vehicle accident
which resulted in the dependant’s loss of support provided by the...
NATIONAL CREDIT REGULATOR V LEWIS STORES (PTY) LTD AND ANOTHER 2 All SA 31 (SCA)
In this case the National Credit
Regulator (the “NCR”) wanted a declaratory order confirming that Lewis Stores
(Pty) Ltd (“Lewis”) had repeatedly contravened certain provisions of the
National Credit Act 34 of 2005 (the “Act”). The NCR contended that the charge
levied by Lewis for an extended warranty...
Industrial Relations and Human Resources :: employment
South African Communication Union
and another v Telkom SA SOC Ltd and others
JOL 46876 (LC)
J203 / 2020
05 / 03 / 2020
RG Lagrange J...