Daleen Millard’s comprehensive examination of relevant case law reveals abiding uncertainty in the determination of loss of earning capacity. Professor Millard demonstrates that the problems are the result of terminological infelicities, conceptual problems and evidentiary difficulties.

She suggests that social protection measures such as income replacement, pensions or welfare benefits might be marshalled to alleviate the problem. The social protection mooted by Minister Trevor Manuel in his budget speech, she indicates, could be the impetus for a more integrated approach.

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