NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES
FOR PATRIMONIAL LOSS (4 pages, including rubric)
PLEASE NOTE:
You must present your answer in the form of an essay. Its marking rubric is attached
with this examination paper.
Study the case Komape and others v Minister of Basic Education and Others 2020 (2) SA 347
(SCA) a copy of it is attached here and answer the questions below.
N.B.: The question below must be answered in the form of an essay. At the end of your
essay, attach the rubric that was supplied to you along with your exam answer script.
1.1 Discuss what the plaintiff needs to prove to be successful in a claim for shock (psychiatric
injury) as a head of damage for non-patrimonial loss. Refer to relevant authority in your
answer. (15)
1.2 Critically analyse the reasons (advanced by the court) why Constitutional damages, claimed
in addition to common law damages, must at present necessarily fail. (10)
TOTAL MARKS FOR THIS QUESTION: [25]
QUESTION 1 ANSWERS
Title: Assessment of Non-Patrimonial and Patrimonial Losses: A Critical Analysis of
Komape and Others v Minister of Basic Education and Others
, lOMoAR cPSD| 48047628
Introduction
Introduce the nature of patrimonial and non-patrimonial losses in South African law, and
provide an overview of the case Komape and Others v Minister of Basic Education and
Others 2020 (2) SA 347 (SCA), which involved a claim for damages due to non-patrimonial
loss (shock/psychiatric injury) and constitutional damages. State that this essay will examine
the requirements a plaintiff must meet to claim for psychiatric injury as non-patrimonial loss
and will analyze the court’s reasons for rejecting constitutional damages in addition to
common law claims.
1.1 Requirements for a Claim for Shock (Psychiatric Injury) as Non-Patrimonial Loss
1. Definition of Psychiatric Injury as Non-Patrimonial Loss
o Define non-patrimonial loss as harm that cannot be quantified financially,
including emotional and psychological distress.
o Explain that psychiatric injury or shock must be recognized by law as a
separate form of harm from mere emotional distress.
2. Legal Precedents and Authority
o Discuss key cases that have set the precedent for claiming psychiatric injury,
such as Bester v Commercial Union Insurance Co of SA Ltd and Barnard v
Santam Bpk.
o Highlight how these cases established that the plaintiff must prove the shock
caused recognizable psychiatric injury.
3. Elements Required for Success in Claiming Shock as Non-Patrimonial Loss
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