Hakisa v Road Accident Fund (5440/2017) [2024] ZAFSHC 217 (18 May 2024)

Hakisa v Road Accident Fund (5440/2017) [2024] ZAFSHC 217 (18 May 2024)

The court found that the plaintiff's evidence, including affidavits and expert reports, was uncontested and established a prima facie case for compensation. The defendant's plea regarding the plaintiff's immigration status did not absolve it of liability, as South African law and recent precedent confirm that the Road Accident Fund must compensate all persons injured in road accidents, regardless of legal status. The court granted the plaintiff's application to admit evidence by affidavit and ordered the defendant to pay the proven damages and provide an undertaking for future medical expenses.

Citation
[2024] ZAFSHC 217
Parties
Plaintiff: Elia Hakisa; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 May 2024
Case Number
5440/2017
Procedural Posture
Civil Trial / Merits
Outcome
Plaintiff's claim upheld; defendant ordered to pay damages and costs.
Judges
Molitsoane
Legal Topics
Road Accident Fund Act, Liability for Illegal Foreigners, General Damages, Loss of Earning Capacity
Delict Civil Procedure Road Accident Fund Act Liability for Illegal Foreigners General Damages Loss of Earning Capacity

Case Brief

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Parties

Elia Hakisa

Plaintiff

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Merits

Legal Issues

  1. 1 Whether the Road Accident Fund is liable to compensate an illegal foreigner injured in a road accident.
  2. 2 Whether the plaintiff has proven entitlement to damages for injuries sustained in the collision.

Ratio Decidendi

The court found that the plaintiff's evidence, including affidavits and expert reports, was uncontested and established a prima facie case for compensation. The defendant's plea regarding the plaintiff's immigration status did not absolve it of liability, as South African law and recent precedent confirm that the Road Accident Fund must compensate all persons injured in road accidents, regardless of legal status. The court granted the plaintiff's application to admit evidence by affidavit and ordered the defendant to pay the proven damages and provide an undertaking for future medical expenses.

Court Disposition

Plaintiff's claim upheld; defendant ordered to pay damages and costs.

Orders

  • The defendant is liable to pay 100% of the plaintiff's proven or agreed damages.
  • The defendant shall pay the plaintiff the sum of R763,923.20 in respect of general damages.