Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025)

Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025)

The court found that the Road Accident Fund had furnished a statutory undertaking in 2015 to pay for the applicant's care and treatment following injuries sustained in a motor vehicle accident. The RAF paid for several years and only ceased payment based on a recent internal directive, which does not apply to finalised claims. The Mudawu judgment confirms that foreigners' claims are covered by the RAF legislation. The RAF's attempt to rescind the order is without merit, as it is bound by its prior undertaking and cannot rely on internal directives to avoid its statutory obligations. The application for rescission is dismissed, and costs are awarded against the RAF on an attorney and own...

Citation
[2025] ZAGPPHC 418
Parties
Applicant: Beath Machekera; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 January 2025
Case Number
2024/023488
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Prior Order
Outcome
Application for rescission dismissed with costs on an attorney and own client scale.
Judges
Matsemela
Legal Topics
Rescission of Judgment, Statutory Undertaking, Road Accident Fund Liability, Foreign Claimants
Civil Procedure Delict Rescission of Judgment Statutory Undertaking Road Accident Fund Liability Foreign Claimants

Case Brief

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Parties

Beath Machekera

Applicant

Road Accident Fund

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Prior Order

Legal Issues

  1. 1 Whether the Road Accident Fund is entitled to rescind the order granted by Cowen J on 19 March 2024.
  2. 2 Whether the statutory undertaking by the Road Accident Fund to pay for the applicant's care remains binding despite internal directives.
  3. 3 Whether the applicant, as a foreign national, is excluded from compensation under the Road Accident Fund Act.

Ratio Decidendi

The court found that the Road Accident Fund had furnished a statutory undertaking in 2015 to pay for the applicant's care and treatment following injuries sustained in a motor vehicle accident. The RAF paid for several years and only ceased payment based on a recent internal directive, which does not apply to finalised claims. The Mudawu judgment confirms that foreigners' claims are covered by the RAF legislation. The RAF's attempt to rescind the order is without merit, as it is bound by its prior undertaking and cannot rely on internal directives to avoid its statutory obligations. The application for rescission is dismissed, and costs are awarded against the RAF on an attorney and own...

Court Disposition

Application for rescission dismissed with costs on an attorney and own client scale.

Orders

  • The application for rescission is dismissed.
  • The Road Accident Fund is to pay the costs on an attorney and own client scale.