Makhele v Road Accident Fund (3417/2019) [2023] ZAFSHC 107 (5 April 2023)

Makhele v Road Accident Fund (3417/2019) [2023] ZAFSHC 107 (5 April 2023)

The court found that the plaintiff's evidence, though not perfect, was credible and uncontradicted by any admissible evidence. The defendant failed to plead or prove contributory negligence and did not lead any evidence to contradict the plaintiff's version. The hearsay evidence from police and hospital records was not admitted, as no proper application was made and the plaintiff disputed its contents. The plaintiff proved on a balance of probabilities that the accident was caused by the negligence of an unidentified driver, and the defendant is liable for 100% of the plaintiff's damages. The matter was postponed for determination of quantum.

Citation
[2023] ZAFSHC 107
Parties
Plaintiff: AT Makhele; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 April 2023
Case Number
3417/2019
Procedural Posture
Civil Trial / Merits Trial; Quantum Postponed
Outcome
Plaintiff succeeds on the merits; defendant liable for 100% of damages; costs awarded to plaintiff; quantum postponed.
Judges
JP Daffue
Legal Topics
Road Accident Fund Claim, Negligence, Hearsay Evidence, Contributory Negligence, Separation of Issues
Civil Procedure Delict Road Accident Fund Claim Negligence Hearsay Evidence Contributory Negligence Separation of Issues

Case Brief

Summary, issues, holding and outcome

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Parties

AT Makhele

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Trial; Quantum Postponed

Legal Issues

  1. 1 Whether the plaintiff proved on a balance of probabilities that the accident was caused by the negligence of an unidentified driver.
  2. 2 Whether the defendant is liable for 100% of the plaintiff's damages.
  3. 3 Whether any contributory negligence by the plaintiff was established.

Ratio Decidendi

The court found that the plaintiff's evidence, though not perfect, was credible and uncontradicted by any admissible evidence. The defendant failed to plead or prove contributory negligence and did not lead any evidence to contradict the plaintiff's version. The hearsay evidence from police and hospital records was not admitted, as no proper application was made and the plaintiff disputed its contents. The plaintiff proved on a balance of probabilities that the accident was caused by the negligence of an unidentified driver, and the defendant is liable for 100% of the plaintiff's damages. The matter was postponed for determination of quantum.

Court Disposition

Plaintiff succeeds on the merits; defendant liable for 100% of damages; costs awarded to plaintiff; quantum postponed.

Orders

  • The defendant shall pay 100% of the plaintiff’s damages to be proven or agreed upon.
  • The defendant shall pay the plaintiff’s costs of the action, limited to one set of attorneys, until and including 18 January 2023, together with counsel’s fees, including his fees pertaining to the drafting of his written heads of argument, and also including the reasonable costs of all medico-legal reports, the...