Bereng v Road Accident Fund (2218/2022) [2024] ZAFSHC 25 (1 February 2024)

Bereng v Road Accident Fund (2218/2022) [2024] ZAFSHC 25 (1 February 2024)

The court found that the defendant's internal directive, which sought to exclude liability for past medical expenses paid by medical aid schemes, had been declared unlawful and set aside in the Discovery Health judgment. All subsequent appeals against that judgment were dismissed, including by the Supreme Court of Appeal and the Constitutional Court. As a result, the directive is no longer operative and cannot be relied upon to repudiate claims for past medical expenses. The defendant is therefore liable to pay the plaintiff's agreed or proven past hospital and medical expenses. Since the quantum of these expenses was not yet agreed, the matter was postponed to allow for agreement or...

Citation
[2024] ZAFSHC 25
Parties
Plaintiff: Bereng, Lebohang Vincent; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 February 2024
Case Number
2218/2022
Procedural Posture
Civil Action / Quantum Determination; Liability for Past Medical Expenses
Outcome
Defendant ordered to pay plaintiff's agreed or proven past hospital and medical expenses; matter postponed for quantum determination; costs to be costs in the action and paid by defendant.
Judges
Van Zyl
Legal Topics
Road Accident Fund Liability, Medical Expenses Claims, Directive Review, Costs in the Action
Civil Procedure Delict Road Accident Fund Liability Medical Expenses Claims Directive Review Costs in the Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Bereng, Lebohang Vincent

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Quantum Determination; Liability for Past Medical Expenses

Legal Issues

  1. 1 Is the defendant liable for the plaintiff's agreed or proven past hospital and medical expenses despite the internal directive?
  2. 2 Does the prior judgment in Discovery Health (Pty) Ltd v Road Accident Fund & Another remain binding and operative?
  3. 3 Should costs of the present matter be awarded as costs in the action?

Ratio Decidendi

The court found that the defendant's internal directive, which sought to exclude liability for past medical expenses paid by medical aid schemes, had been declared unlawful and set aside in the Discovery Health judgment. All subsequent appeals against that judgment were dismissed, including by the Supreme Court of Appeal and the Constitutional Court. As a result, the directive is no longer operative and cannot be relied upon to repudiate claims for past medical expenses. The defendant is therefore liable to pay the plaintiff's agreed or proven past hospital and medical expenses. Since the quantum of these expenses was not yet agreed, the matter was postponed to allow for agreement or...

Court Disposition

Defendant ordered to pay plaintiff's agreed or proven past hospital and medical expenses; matter postponed for quantum determination; costs to be costs in the action and paid by defendant.

Orders

  • The defendant is ordered to pay the plaintiff's agreed or proven past hospital and medical expenses.
  • The matter is postponed to the pre-trial roll of 4 March 2024.