South Africa: Consolidated Acts

[Last checked: 28 March 2025.*]

*The last time this Act was reviewed for updates.

ASSESSMENT OF DAMAGES ACT 9 OF 1969

[Updated to 11 October 2024.**]

**Date of last changes incorporated into this Act.

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(Afrikaans text signed by the State President.)

(Assented to 7^th March, 1969.)

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Commencement: 19 March 1969

Amended

Act 49 of 1996 (G. 17477, with effect from 4 October 1996).

[NOTE: The administration, powers and functions of this Act are transferred to the Minister of Justice and Constitutional Development, effective immediately before the President assumed office on 19 June 2024 – Proc 199 / G. 51368 / 11 October 2024.]

ACT

To amend the law relating to the assessment of damages for loss of support as a result of a person’s death.

BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows.

1.       Insurance moneys, pensions and certain benefits not to be taken into account in the assessment of damages for loss of support

(1)     When in any action, the cause of which arose after the commencement of this Act, damages are assessed for loss of support as a result of a person’s death, no insurance money, pension or benefit which has been or will or may be paid as a result of the death, shall be taken into account.

(2)     For the purposes of subsection (1)—

(i)       “benefit” means any payment by a friendly society or trade union for the relief or maintenance of a member’s dependants;

(ii)      “insurance money” includes a refund of premiums and any payment of interest on such premiums;

(iii)     “pension” includes a refund of contributions and any payment of interest on such contributions, and also any payment of a gratuity or other lump sum by a pension or provident fund or by an employer in respect of a person’s employment.

2.       ...

[S 2 repealed by s 1 of Act 49 of 1996.]

3.       Short title

This Act shall be called the Assessment of Damages Act, 1969.