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South Africa Judgment

South Gauteng High Court, Johannesburg

Mohlala v Road Accident Fund (13129/2022) [2024] ZAGPJHC 1276 (29 November 2024)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the plaintiff failed to provide sufficient evidence to establish negligence on the part of the driver involved in the accident. The statutory affidavit and accident report did not contain details that could support a finding of negligence. Even considering the minor's age and learning vulnerabilities, the available facts only described the circumstances of the accident and did not address the conduct of the driver. As a result, the application for default judgment was refused.

Court disposition

Application for default judgment refused; no order as to costs.

Orders

  • The application for default judgment is refused.
  • No order as to costs.

02

Material facts

Parties

Mohlala, Sinah M

Plaintiff

Road Accident Fund

Defendant

03

Procedural history

  1. Posture

    Default Judgment Application / Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiff relied on the statutory Section 19(f) affidavit and the officer's accident report form to support the claim. The affidavit did not provide details about the accident, and the accident report lacked a sketch plan and a detailed description. The only information available indicated that the accident occurred on the roadway, within 50 metres of a crossing, while the minor was running in light clothing. The plaintiff argued that the minor, being 10 years old and having learning vulnerabilities, should be given the benefit of the doubt regarding capacity.
Respondent
The defendant did not appear and did not file any opposing papers. The court considered the available evidence and found that it did not establish negligence on the part of the driver. The factual situation described in the accident report did not address the question of negligence, and therefore, the requirements for default judgment were not met.

05

Court’s reasoning

  1. 01

    Road Accident Fund Act 56 of 1996

    A plaintiff must establish negligence on the part of the defendant to succeed in a claim for damages arising from a road accident.

  2. 02

    Case law and general principles of delict

    The doctrine of doli incapax applies to minors, but the benefit of the doubt does not relieve the plaintiff of the burden to prove negligence.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the plaintiff failed to provide sufficient evidence to establish negligence on the part of the driver involved in the accident. The statutory affidavit and accident report did not contain details that could support a finding of negligence. Even considering the minor's age and learning vulnerabilities, the available facts only described the circumstances of the accident and did not address the conduct of the driver. As a result, the application for default judgment was refused.

Obiter and limits

  • Most children at the age of 10 and a half in South Africa know how to safely cross a road, but even if the minor is considered rebuttable doli incapax, the evidence does not establish negligence.
  • The absence of a sketch plan and detailed accident description in the report undermines the plaintiff's case.

Court disposition

Application for default judgment refused; no order as to costs.

  • The application for default judgment is refused.
  • No order as to costs.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2024] ZAGPJHC 1276

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

CASE NO: 13129/2022

DATE: 29-11-2024

(1) REPORTABLE: NO.

(2) OF INTEREST TO OTHER JUDGES: NO.

(3) REVISED.

DATE: 29/11/2024

SIGNATURE

In the matter between

MOHLALA,

SINAH M

Plaintiff

and

THE

ROAD ACCIDENT FUND

Defendant

JUDGMENT

WEIDEMAN, AJ: This matter was number 36 on the roll for the week of 8 October 2024. The minor involved in the accident was born on 9 November 2009 and the accident from which this claim arose occurred on 1 June 2020. The minor was 10 years old at the time and rebuttable doli incapax.

The statutory Section 19(f) affidavit was attested to by the plaintiff and who was not present at the time of the accident. The content of her affidavit takes the matter no further.

The only other document relating to the circumstances of the accident is the officer's accident report form and which is to be found at CaseLines 010-100. On page 2 of the OAR under the heading "accident sketch" it merely states "as per sketch plan", but there is no sketch plan.

Lower down on the same page and under the heading "description of the accident" it merely states "as per A1", but there is no A1 uploaded.

The only suggestion of a possible explanation of how the accident may have occurred is to be found on page 4 of the OAR where someone, identity unknown, and under the heading "pedestrians and cyclists only" marked the following blocks with "X";

1. Roadway;

2. Within 50 metres of crossing;

3. Under "pedestrian action" - "running";

4. Under "colour of clothing" - "light".

To summarise: the unknown author records that the accident occurred on the roadway, within 50 metres of a crossing, whilst a pedestrian in light clothing was running.

I would venture to guess that most, if not all, children in South Africa at the age of 10 and a half know how to safely cross a road. However, even if the child is given the benefit of the doubt as being rebuttable doli incapax, with no knowledge of how to cross a road, and in this regard the Court took cognisance of the information in the medical reports that the child was prematurely born and had pre-existing learning vulnerabilities. Even then, the summary above is not above to visit the driver of the vehicle with any negligence. It confirms a factual situation, but it does not speak to the question of negligence.

My order is accordingly as follows:

1. The application for default judgment is refused;

2. No order as to costs.

I hand down the judgment.

WEIDEMAN,

AJ

JUDGE

OF THE HIGH COURT

DATE: 11/12/2024

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Road Accident Fund Act 56 of 1996

Legislation

Legislation referenced in the available case record.

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