Mlatsheni v Road Accident Fund (418/2005) [2007] ZAECHC 108; 2009 (2) SA 401 (E) (6 December 2007)

Mlatsheni v Road Accident Fund (418/2005) [2007] ZAECHC 108; 2009 (2) SA 401 (E) (6 December 2007)

The court found that the plaintiff had established his entitlement to R140,000.00 in general damages, which, after applying the 80/20 apportionment, amounted to R112,000.00. The defendant's late, unpleaded defence regarding possible further compensation from the Compensation Commissioner was dismissed as frivolous and without evidential basis. The conduct of the defendant in raising such a defence was criticised as an abuse of its position as an organ of state, contrary to its constitutional obligations to act honourably and efficiently. The court ordered that a copy of the judgment be served on the Chairperson of the Board of the Road Accident Fund to address such conduct and warned that...

Citation
[2007] ZAECHC 108
Parties
Plaintiff: Vuyani Mlatsheni; Defendant: Road Accident Fund
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
6 December 2007
Case Number
418/2005
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Judgment for the plaintiff. The defendant is ordered to pay damages and costs as specified.
Judges
Plasket
Legal Topics
Road Accident Fund Act, Quantum of Damages, Apportionment of Liability, Constitutional Obligations of State Organs
Civil Procedure Delict Road Accident Fund Act Quantum of Damages Apportionment of Liability Constitutional Obligations of State Organs

Case Brief

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Parties

Vuyani Mlatsheni

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 Whether the plaintiff is entitled to R140,000.00 or R120,000.00 as general damages after an 80/20 apportionment in his favour.
  2. 2 Whether the defendant's late, unpleaded defence regarding possible further compensation from the Compensation Commissioner has any merit.
  3. 3 Whether the conduct of the defendant in raising a frivolous defence warrants judicial censure or special costs orders.

Ratio Decidendi

The court found that the plaintiff had established his entitlement to R140,000.00 in general damages, which, after applying the 80/20 apportionment, amounted to R112,000.00. The defendant's late, unpleaded defence regarding possible further compensation from the Compensation Commissioner was dismissed as frivolous and without evidential basis. The conduct of the defendant in raising such a defence was criticised as an abuse of its position as an organ of state, contrary to its constitutional obligations to act honourably and efficiently. The court ordered that a copy of the judgment be served on the Chairperson of the Board of the Road Accident Fund to address such conduct and warned that...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay damages and costs as specified.

Orders

  • The defendant shall pay the plaintiff the sum of R124,553.00, comprising R12,553.00 for past hospital and medical expenses and R112,000.00 for general damages, plus interest at the prevailing legal rate from 14 days after the date of this order until payment.
  • The defendant shall furnish the plaintiff with an undertaking in terms of section 17(4)(a) of the Road Accident Fund Act 56 of 1996 for 80 percent of future hospital and medical costs incurred by the plaintiff as a result of the accident.