claim for damages south africa

In other circumstances, a wrongdoer may be held jointly liable with another person towards the plaintiff (person who claims the damages). By Kate Oosthuizen, Senior Associate in the Litigation Department at Shepstone & Wylie Attorneys In the appeal case of George Magwabeni v Christopher Liomba, 2015, the Supreme Court of Appeal (“SCA”) reviewed the judgment of the Limpopo Local Division that found Magwabeni liable for damages for malicious prosecution. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. The employee’s compensation claim would besolatium for the humiliation and hurt suffered as a result of the unfair discrimination. Over the last few years, Parliament’s police portfolio committee has frequently raised concerns over the growing number of civil claims against the South African Police Services.Just last year, the Minister of Police was ordered to pay almost R600 000 in damages to … It is trite that punitive damages in civil law are against public policy and foreign to South African law (Jones v Krok 1995 (1) SA 677 (AD) 696C-H). Compensation may cover medical expenses, loss of income and, in cases involving serious injuries, general damages for pain and suffering. Obviously, the normal principles of common law applicable to claims for damages will apply to such a claim. You can go directly to the NCC with your damages claim, but you might be referred to an ombudsman, an ADR agent or a consumer court. The RAF may compensate a victim of an accident for injury, and in the event of death it … If this damage is linked to the road infrastructure that we maintain in the City of Johannesburg you can file a claim for damages. A person has a right to claim for damages caused by injury or death from the RAF if s/he is a victim of an accident as a result of the wrongful (negligent) driving of another person. If the arrest is unlawful such unlawful deprivation of a person’s liberty is an infringement upon the arrested person’s liberty and a claim for damages may be instituted for such deprivation. This provision of the BCEA clearly applies both ways and permits the employer to sue and recover from an employee damages caused by the employee, if the wrongful conduct constitute a breach of the contract of employment. Despite having held that numerous constitutional rights had been breached, the court held that the plaintiffs’ claims for constitutional damages would, if allowed, amount to punitive damages. Furthermore, the Court noted that the conduct of the employer was mala fide and that it acted to undermine the fundamental values underpinning labour relations in South Africa. Under South African law, you may claim damages only from the Road Accident Fund (RAF) – a parastatal that provides compensation to those injured in accidents on South African roads. QUESTION: During the athletics competition at Madiba High School, an argument broke out between two teachers, Mr Mabena and Mrs Radebe. Arrest by members of the South African Police Service (SAPS) or Metro Police that in itself is lawful, will not lead to a claim for damages. 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