Makhubele v Road Accident Fund (3718/2009) [2010] ZAGPPHC 630 (5 May 2010)

Makhubele v Road Accident Fund (3718/2009) [2010] ZAGPPHC 630 (5 May 2010)

The court found that Mrs Ratombo became the person in control of the truck when she accepted the keys from Mr Mulaudzi and attempted to start the vehicle. Her actions in disengaging the gear and manipulating the controls established her as the person in control at the time the truck moved by gravity. Section 20(1) of the Road Accident Fund Act creates an irrebuttable presumption that a vehicle propelled by gravity is deemed to be driven by the person in control. Therefore, Mrs Ratombo is deemed to have driven the truck, and the Fund is liable for the plaintiff's injuries. The court further held that negligence was established, satisfying the requirements of section 17(1) of the Act.

Citation
[2010] ZAGPPHC 630
Parties
Applicant: Mafemane Norman Makhubele; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2010
Case Number
3718/2009
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment for the applicant; defendant held 100% liable for proven damages.
Judges
Phatudi
Legal Topics
Road Accident Fund Act, Negligence, Deemed Driving, Personal Injury, Statutory Interpretation
Delict Civil Procedure Road Accident Fund Act Negligence Deemed Driving Personal Injury Statutory Interpretation

Case Brief

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Parties

Mafemane Norman Makhubele

Applicant

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Sarah Ratombo or Mr Masala Mulaudzi can be deemed to have driven the motor vehicle that injured the plaintiff under section 20 of the Road Accident Fund Act.
  2. 2 Whether the Road Accident Fund is liable to compensate the plaintiff when the vehicle moved without a driver present.
  3. 3 Whether negligence on the part of the person deemed to be in control of the vehicle is established.

Ratio Decidendi

The court found that Mrs Ratombo became the person in control of the truck when she accepted the keys from Mr Mulaudzi and attempted to start the vehicle. Her actions in disengaging the gear and manipulating the controls established her as the person in control at the time the truck moved by gravity. Section 20(1) of the Road Accident Fund Act creates an irrebuttable presumption that a vehicle propelled by gravity is deemed to be driven by the person in control. Therefore, Mrs Ratombo is deemed to have driven the truck, and the Fund is liable for the plaintiff's injuries. The court further held that negligence was established, satisfying the requirements of section 17(1) of the Act.

Court Disposition

Judgment for the applicant; defendant held 100% liable for proven damages.

Orders

  • Defendant is 100% liable for the plaintiff's proven agreed damages.
  • Defendant must pay the plaintiff R468026.00 on or before 4 June 2010.