INTERESTING ARTICLES & CASE LAW

Navigating road crash victim compensation: Are medical aid payments deductible?

By Prof Hennie Klopper

Driving divorce: Navigating trusts as a vehicle for matrimonial asset division

By Prof Bradley Smith

While a family trust is often created for legitimate estate planning purposes, it is so that it ‘may turn out to be a handy vehicle for “divorce planning” because transferring property to the trust reduces the scope of a person’s estate and consequently limits (or even eliminates) any claim the person’s spouse may have against him or her on divorce’ (J Heaton ‘The extension of mediation, and piercing the trust veneer on divorce in South Africa’ in B Atkin (ed) The International Survey of Family Law (Bristol: Jordan Publishing Limited 2015) at 313).

Has the plaintiff made a case on a balance of probabilities, for its claim against the defendant?

By Kgomotso Ramotsho 

A mother approached the North West Division of High Court in claiming for damages for past and future medical expenses, pain and suffering, loss of amenities of life, disfigurement, disability, hospitalisation and medical treatment, and future loss of earning to the total amount of R 6 000 000. This was after the plaintiff’s child was involved in a vehicle collision on 4 July 2020, that left her injured. The High Court said that then facts that gave rise to the application were that on the day of the accident the plaintiff’s child was a passenger in a motor vehicle, a taxi driven by EL Mogorosi, when it collided with another motor vehicle driven by AA Moabi.