LPL4802
OCTOBER NOVEMBER PORTFOLIO 2024
DUE DATE: 30 OCTOBER 2024
Question 1
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES FOR
PATRIMONIAL LOSS
Introduction
In South African law, non-patrimonial loss refers to damages that cannot be quantified in
monetary terms, encompassing emotional distress, suffering, and psychiatric injuries. In
contrast, patrimonial loss pertains to financial or material losses that are quantifiable.
The Komape case serves as a pertinent example of the complexities involved in
obtaining compensation for non-patrimonial losses, particularly emotional distress and
psychiatric harm, alongside the challenges of claiming constitutional damages in
conjunction with common law remedies.
1.1 Claim for Psychiatric Injury (Shock) as a Head of Damage for Non-Patrimonial Loss
To establish a claim for psychiatric injury or shock, a plaintiff must satisfy several criteria
set forth under South African common law. The courts have crafted a framework for
evaluating such claims, often referring to precedents from similar cases. A significant
case to consider is Bester v Commercial Union Versekeringsmaatskappy van SA
Bpk, which delineates the key requirements for a successful claim for psychiatric harm:
1. Existence of a Recognised Psychiatric Injury: The plaintiff must demonstrate
that they have sustained a medically acknowledged psychiatric injury. In
Komape v Minister of Basic Education, the court evaluated whether the grief
and distress experienced by the parents constituted a psychiatric injury. Mere
emotional suffering does not suffice; plaintiffs must establish a diagnosis of a
condition like post-traumatic stress disorder (PTSD) or depression.
OCTOBER NOVEMBER PORTFOLIO 2024
DUE DATE: 30 OCTOBER 2024
Question 1
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES FOR
PATRIMONIAL LOSS
Introduction
In South African law, non-patrimonial loss refers to damages that cannot be quantified in
monetary terms, encompassing emotional distress, suffering, and psychiatric injuries. In
contrast, patrimonial loss pertains to financial or material losses that are quantifiable.
The Komape case serves as a pertinent example of the complexities involved in
obtaining compensation for non-patrimonial losses, particularly emotional distress and
psychiatric harm, alongside the challenges of claiming constitutional damages in
conjunction with common law remedies.
1.1 Claim for Psychiatric Injury (Shock) as a Head of Damage for Non-Patrimonial Loss
To establish a claim for psychiatric injury or shock, a plaintiff must satisfy several criteria
set forth under South African common law. The courts have crafted a framework for
evaluating such claims, often referring to precedents from similar cases. A significant
case to consider is Bester v Commercial Union Versekeringsmaatskappy van SA
Bpk, which delineates the key requirements for a successful claim for psychiatric harm:
1. Existence of a Recognised Psychiatric Injury: The plaintiff must demonstrate
that they have sustained a medically acknowledged psychiatric injury. In
Komape v Minister of Basic Education, the court evaluated whether the grief
and distress experienced by the parents constituted a psychiatric injury. Mere
emotional suffering does not suffice; plaintiffs must establish a diagnosis of a
condition like post-traumatic stress disorder (PTSD) or depression.
