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If this damage is linked to the road infrastructure that we maintain in the City of Johannesburg you can file a claim for damages. 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. In other circumstances, a wrongdoer may be held jointly liable with another person towards the plaintiff (person who claims the damages). It was adopted in England as well as South Africa, that a juristic person may claim for defamation based on its reputation which is directly linked to its trade and day-to-day business proceedings. 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. The RAF may compensate a victim of an accident for injury, and in the event of death it … 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. 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. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. 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. 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. 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. 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). The employee’s compensation claim would besolatium for the humiliation and hurt suffered as a result of the unfair discrimination. QUESTION: During the athletics competition at Madiba High School, an argument broke out between two teachers, Mr Mabena and Mrs Radebe. 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