Mabaza v Road Accident Fund (29534/2012) [2025] ZAGPJHC 519 (30 May 2025)

Mabaza v Road Accident Fund (29534/2012) [2025] ZAGPJHC 519 (30 May 2025)

The court held that the plaintiff's claim was not prescribed because the final day for lodging the claim, 14 August 2011, fell on a Sunday. Applying the principles established in Road Accident Fund v Masindi and Gabuza v Road Accident Fund, the court found that prescription is extended to the next working day when the last day falls on a dies non. This interpretation aligns with constitutional imperatives and the protective purpose of the Road Accident Fund Act. The defendant's special plea of prescription was dismissed, and costs were awarded to the plaintiff, including counsel's qualifying and appearance fees.

Citation
[2025] ZAGPJHC 519
Parties
Plaintiff: John Resimati Mabaza; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 May 2025
Case Number
29534/2012
Procedural Posture
Civil Trial / Judgment After Trial; Reasons for Order
Outcome
Defendant's special plea of extinctive prescription dismissed with costs; plaintiff's claim held to be timeously lodged.
Judges
Windell
Legal Topics
Extinctive Prescription, Road Accident Fund Act, Dies Non, Statutory Claims
Civil Procedure Delict Extinctive Prescription Road Accident Fund Act Dies Non Statutory Claims

Case Brief

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Parties

John Resimati Mabaza

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial; Reasons for Order

Legal Issues

  1. 1 Whether the plaintiff's claim against the Road Accident Fund was prescribed under section 23(1) of the Road Accident Fund Act.
  2. 2 Whether the prescription period is extended when the final day falls on a Sunday (dies non).

Ratio Decidendi

The court held that the plaintiff's claim was not prescribed because the final day for lodging the claim, 14 August 2011, fell on a Sunday. Applying the principles established in Road Accident Fund v Masindi and Gabuza v Road Accident Fund, the court found that prescription is extended to the next working day when the last day falls on a dies non. This interpretation aligns with constitutional imperatives and the protective purpose of the Road Accident Fund Act. The defendant's special plea of prescription was dismissed, and costs were awarded to the plaintiff, including counsel's qualifying and appearance fees.

Court Disposition

Defendant's special plea of extinctive prescription dismissed with costs; plaintiff's claim held to be timeously lodged.

Orders

  • The plaintiff's claim was timeously lodged and has not become prescribed.
  • The defendant's special plea of extinctive prescription is dismissed with costs.