The Road Accident Fund’s ‘without prejudice’ settlement offers on general damages: Admissible admissions or inadmissible negotiation statements?

by | May 23, 2025 | SALJ, SALJ V142 I2 2025

ARTICLE

The Road Accident Fund’s ‘without prejudice’ settlement offers on general damages: Admissible admissions or inadmissible negotiation statements?

Author: Ferdinand Heinrich Hermann Kehrhahn

ISSN: 1996-2177
Affiliations: Lecturer, Department of Procedural Law, University of Pretoria
Source: South African Law Journal, Volume 142 Issue 2, p. 375-401
https://doi.org/10.47348/SALJ/v142/i2a8

Abstract

Under s 17(1), read with s 17(1A) of the Road Accident Fund Act 56 of 1996 and its Regulations, the Road Accident Fund (‘RAF’) is liable for general damages only if the RAF is satisfied that a medical practitioner has correctly assessed the injuries of a motor-accident victim as serious. The RAF’s satisfaction with the serious-injury assessment is a jurisdictional fact that must be alleged and proved if a court assumes jurisdiction to make a general-damages (non-pecuniary) award. One way to prove that the RAF has accepted the victim’s injuries as serious is by presenting evidence of the RAF’s admissions contained in extra-curial statements. However, such extra-curial statements are generally inadmissible when they are made during bona fide settlement negotiations. This article considers the without-prejudice settlement negotiation inadmissibility rule and its exceptions. It critically considers the recent judgments of Keagan, Ntsembi and Paulsen, on the one hand, where the courts held that the RAF’s settlement offers on general damages made during bona fide settlement negotiations were inadmissible evidence, and the judgments of Olivier and Van Tonder, on the other hand, where the courts held that the RAF’s settlement offer was admissible evidence. It is argued the RAF’s offer to settle general damages was correctly held in Olivier and Van Tonder to be a tacit acceptance by the RAF that the victim’s injuries were serious and that such offers are admissible evidence as an exception to the without-prejudice inadmissibility rule, thereby obviating the need to establish the required jurisdictional fact into evidence.

Price reduction as a generalised remedy in the law of contract

by | May 23, 2025 | SALJ, SALJ V142 I2 2025

ARTICLE

Price reduction as a generalised remedy in the law of contract

Author: Tjakie Naude

ISSN: 1996-2177
Affiliations: BA LLB LLD (Stellenbosch)
Source: South African Law Journal, Volume 142 Issue 2, p. 402-438
https://doi.org/10.47348/SALJ/v142/i2a9

Abstract

Price reduction should be recognised as a generalised remedy for breach of contract. Price reduction is already recognised in sale and lease contracts. The Consumer Protection Act 68 of 2008 also provides for it in respect of services. It should also be available in other contract types (subject to special regulation for contract types where there is structural inequality between the parties). For example, price reduction is necessary in contracts to do a piece of work (locatio conductio operis). The costs order and court’s statement on costs orders in BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk 1979 (1) SA 391 (A) demonstrate that the court’s dicta on the exceptio non adimpleti contractus and the judicial discretion to relax it did not reflect what was expected of the aggrieved party on the facts. Since the aggrieved party was in fact expected to reduce the price extra-judicially in the circumstances, there should be recognition of and rules on such a self-help remedy at the instance of the aggrieved party. There is growing recognition of the utility of generalised price reduction internationally. South African law should follow suit. This contribution also proposes detailed rules on the price-reduction remedy.

The ambit and purpose of the crime of public violence

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

The ambit and purpose of the crime of public violence

Author: Shannon Hoctor

ISSN: 1996-2118
Affiliations: BA LLB LLM (UCT) DJuris (Leiden) PG Dip (Latin) (Wales Trinity Saint David); Professor, Department of Public Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 289-312
https://doi.org/10.47348/SACJ/v37/i3a1

Abstract

The roots of the crime of public violence may be found in Roman law, but the modern South African crime has developed through case law, principally based on the definition of the crime found in the works of the Roman-Dutch institutional writer Van der Linden. While there is wide agreement regarding the elements of the crime, the content of such elements is not always very clear and is subject to the qualifying element of the crime: that the conduct should assume serious dimensions. It is contended that the crime may be committed by means of force rather than violence and that this can occur in the context of either the disturbance of peace and security or the invasion of the rights of others. Moreover, it is pointed out that the structure of the crime incorporates the common purpose doctrine, where liability is based on the accused’s conduct in associating himself or herself with the crime being committed, rather than personally committing the unlawful conduct. The implications of these aspects are explored in the context of the application of the crime of public violence to unlawful protest actions.

Forged in secrecy, sealed in blood: The origin, initiation, symbolism, hierarchy and power dynamics within devil-worshipping gangs in the Free State province

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

Forged in secrecy, sealed in blood: The origin, initiation, symbolism, hierarchy and power dynamics within devil-worshipping gangs in the Free State province

Authors: Ashwill Phillips & M Cronje

ISSN: 1996-2118
Affiliations:BA BA (Hons)(Crim) MA (Crim) (UFS); Lecturer, Department of Criminology, University of the Free State; PhD (Crim) (UKZN); Lecturer, Department of Criminology, University of the Free State
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 313-339
https://doi.org/10.47348/SACJ/v37/i3a2

Abstract

An investigation by the South African Police Service in 1997 led to the discovery of a devil-worshipping group or ‘evil church’ that moved from parts of northern Africa and settled in Maseru, Lesotho. This group allegedly combined elements of the occult with traditional African witchcraft, giving rise to what local communities refer to as ‘devil-worshipping gangs’. Since 2011, these groups have evolved and spread throughout the Free State province, perpetrating crimes which range from murder to organ trafficking and rape. They have gained notoriety for committing ‘spiritually motivated’ crimes that include the consumption of human flesh, ritual stabbings, and purported communication with demonic entities. Despite their infamy, and the fear their gang-related practices induce, not much is known about these youth gangs. Extant research is primarily based on secondary data obtained from service providers and desktop analyses. Their enigmatic nature and complex structures also serve to complicate crime prevention efforts in communities, posing a plethora of social challenges and exacerbating crime rates. Accordingly, a qualitative study was conducted with 39 detained male offenders and 18 service providers to explore the existence of these groups and their unique practices related to initiation, symbolism, hierarchy and occult belief system.

A criminological exploration of the involvement of perpetrators in mob justice-related incidents in South Africa

by | Apr 26, 2025 | SACJ, SACJ V37 I3 2024

A criminological exploration of the involvement of perpetrators in mob justice-related incidents in South Africa

Authors: L Mpuru & BW Häefele

ISSN: 1996-2118
Affiliations:MA (Crim) (Unisa); Lecturer, Department of Criminology and Security Science, Unisa; PhD (Crim) (Fort Hare); Professor, Department of Criminology and Security Science, Unisa
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 340-362
https://doi.org/10.47348/SACJ/v37/i3a3

Abstract

It has been 30 years into democracy, and many South Africans are still confronted by mob justice incidents in their communities. Crime and violence, accompanied by a lack of trust in the justice system, have created feelings of fear and insecurity among community residents. The study explores the experiences of perpetrators involved in mob justice-related incidents in South Africa. A qualitative approach using semi-structured interviews was employed to gain an in-depth understanding of the participants’ experiences as direct perpetrators of mob justice. The study found that crime in South Africa remains unsolved, leading to communities relying on violence to settle communal disputes and prevent crime. The study concludes that community residents are generally frustrated by the high levels of crime, poverty and unemployment. As a result, the lack of coping mechanisms to survive these societal challenges shapes a society that is full of hostility, suspicion, and violence. The study offers prevention strategies through informed recommendations, such as creating job opportunities, developing community infrastructure, and fostering collaboration between the police and the community. Additionally, involving other stakeholders, such as social workers and social welfare services, will help facilitate awareness campaigns to discourage participation in mob justice-related incidents.