The RSA long bond yield sits at 8,7% and inflation is reported as 3,6%. The gap is 5,1% when it should be about 2,5%. Methinks that the CPI is being understated and that RSA long bond investors are discounting big risks over the next 5 years.

In a recent loss of support matter the actuary was instructed by the Court to allow for a 50% chance of a second child (LMO v MEC for Roads and Public Works [2006] 33736-2003 (TPD)).

For claims for loss of support each dependant has a separate claim and each claim is separately subject to the CAP (PB obo SB and CB v Road Accident Fund [2025] ZAGPPHC 12).

 It is common that earnings for the injured condition are taken to be the same as for the uninjured condition, but subject to a higher deduction for general contingencies. Often the claimant is not seriously disabled and only a mild increase of perhaps 5% is appropriate giving rise to a deduction of 15% future for uninjured and 20% now injured. In other cases the differential may be much larger say 15% and 50%. These days the medical expert usually gives an opinion as regards whole person impairment (WPI). This allows more precision in the calculation of the differential. Thus a claimant may have a 22% WPI. The differential contingencies should then be 15% uninjured, and 37% injured (15%+22%).

An unconscious claimant is not entitled to general damages for pain and suffering. Awareness is a prerequisite for such compensation. General damages are only awarded if they serve a functional purpose for claimant’s exclusive benefit (MEC for Health, Gauteng v AAS obo CMMS [2025] ZASCA 91). 

A foreign national who did not have a work permit earned an income in South Africa as a motor mechanic. The Court ruled that he should be compensated for loss of earning capacity as evidenced by his illegal earnings (Neves v Road Accident Fund [2023] ZAGPPHC 1805).

300 years ago the plundering bands of pirates on the high seas were democratic groups who elected their captain and had a contract for compensation for injuries. Their compensation scale shows:

• Loss of an eye: 100 pieces of 8 = R66300 (modern RSA award about R500000).
• Loss of a leg: 400 pieces of 8 = R265200 (modern RSA award about R800000).
• Loss of an arm: 600 pieces of 8 = R397800 (modern RSA award about R700000).

A “piece of 8” was a 24 grams silver coin which was often cut into 8 bit wedges to provide small change.
(https://www.piratesinfo.com/pirate-facts-and-pirate-legends/a-pirates-life-for-me/pirate-injury-compensation-dubious-deals/)

In accordance with traditional customary law a man may legally have more than one wife. However there is now legislation requiring consent of the first wife. It follows that a second customary marriage without consent is nul and void (NRM v FN (943/2023) [2025] ZAMPMBHC 53). Moreover a second marriage by civil law is itself nul and void if there is a pre-existing customary marriage (s1 Marriage & Matrimonal Property Law Amendment Act 3 of 1988). Prior to 1988 a civil marriage rendered all previous customary marriages nul and void.

Running a taxi business requires substantial skills. A widow took over her late husband’s taxi business. In theory a deduction should have been made for the income benefit which accrued as a consequence of the death, deductible as an accelerated benefit. The widow did not possess adequate skill and experience and the business collapsed. Her inheritance of taxi business resulted in a financial loss and therefore no benefit accrued. Nil deduction was made for acceleration (Mfomadi v Road Accident Fund [2012] ZAG-PPHC 152).