6
Joinder of all wrongdoers
(1) If a person who suffers damage which was caused by the fault of two or more wrongdoers, whether or not
they were acting in concert, brings an action for damages against one or more, but not all, of the wrongdoers
concerned—
(a) the claimant shall not be entitled thereafter to bring another action for damages in respect of the same
cause of action against any other such wrongdoer who was not joined in the first action, without leave of
the court granted upon good cause being shown;
(b) any wrongdoer who has been joined in the action may, before the close of pleadings, give notice to any
other wrongdoer, who has not been joined, of his entitlement to intervene in the action and, if he does
not give such notice, shall not be entitled thereafter to sue him for any contribution in respect of the
damages concerned, without leave of the court granted upon good cause being shown.
(2) A person who has been given notice in terms of paragraph (b) of subsection (1) shall be entitled to intervene as a defendant in the action concerned.
7 Claim for contribution by wrongdoer
Where a wrongdoer pays damages to a person who has suffered damage as a result of the fault of that wrongdoer and one or more other wrongdoers, whether or not they were acting in concert—
(a) in full settlement of the damages suffered; or
(b) to an extent which is greater than that which might have been apportioned to him by a court, having
regard to his respective degree of fault;
such first-mentioned wrongdoer may claim a contribution in respect of damages he has paid from the other wrongdoer or wrongdoers concerned, having regard to their respective degrees of fault.
8 Injured or deceased person treated as a wrongdoer
Where any person suffers damage as a result of the injury to, or death of, another person and the injury or
death was caused by the fault of the injured or deceased person and one or more wrongdoers, sections five, six and
seven shall apply, mutatis mutandis, as if the injured or deceased person or his estate, as the case may be, were a
wrongdoer.
9 Certain benefits to be excluded in assessment of damages
(1) In this section—
“benefit” means any payment by a friendly society or trade union for the relief or maintenance of a dependant
of a member;
“insurance money” includes a refund of premiums and any payments of interest on such premiums;
“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 person or provident fund or by an employer in respect of
the employment of any person.
(2) In assessing damages for loss of support as a result of the death of a person, no insurance money, pe nsion
or benefit which has been or will or may be paid as a result of the death shall be taken into account.