Comment
Author: Admin | 2025-04-28
Is incumbent for this court to develop thecommon law. I however, respectfully differ with the extentof thedevelopment, for the reasons that follow. [232] Themineworkers claim damages under five separate heads: past loss ofearnings; future loss of earnings; past medical expenses;futuremedical expenses; and general damages for pain and suffering, loss ofamenities of life, disablement and reduced life expectancy.Thedamages claimed under two of the five heads of damage constitutespecial damages (past loss of earnings and past medical expenses)andwill immediately be transmissible to their deceased estates in theevent of death occurring after the institution of theseproceedings.[104][233] Interms of the common law claims for general damages are nottransmissible, except after litiscontestatiohas occurred during the lifetime of the injured party. The generaldamages claimed by the mineworkers in this instance are forpain andsuffering, loss of amenities of life, disablement and reduced lifeexpectancy as well as prospective medical expensesand future loss ofincome. The mineworkers seek a declarator that, in the event anyclass member dies after the institution ofthe certificationapplication and prior to the finalisation of the class action, suchgeneral damages as a class member would havebeen entitled to claim,shall be transmissible to his or her deceased estate. The developmentof the common law is proposed inrelation to class actions only. Itwas only during the hearing of this matter that the proposition thatthe common law should alsoin that respect be developed in respect ofall actions and not only for class actions, was raised and debated. [234] Thegeneral development of the common law proposed by Mojapelo DJP andVally J toprovidefor
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