Mokgaha and Others v Road Accident Fund (7188/2017,229/2019,2315/2019,2307/2019) [2022] ZALMPPHC 41 (25 July 2022)

Mokgaha and Others v Road Accident Fund (7188/2017,229/2019,2315/2019,2307/2019) [2022] ZALMPPHC 41 (25 July 2022)

The court found that the expert affidavits and two of the expert reports filed by the plaintiffs' attorneys were not genuinely compiled or signed by Dr Malaka, as he denied authorship and knowledge of the documents under oath. This constituted a serious breach of professional ethics and raised concerns about fraudulent conduct in the preparation and filing of expert evidence. The court determined that the matter required investigation by the Legal Practice Council to establish responsibility and intent. In the interests of fairness, the matters were removed from the roll to allow the plaintiffs' attorneys to file genuine expert reports and affidavits, and to enable proper investigation...

Citation
[2022] ZALMPPHC 41
Parties
Plaintiff: Mokgadi Flora Mokgaha; Plaintiff: John George Mahladisa; Plaintiff: Yvette Masindz Tauyatsoala; Plaintiff: Seleka Richard; Defendant: Road Accident Fund
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
25 July 2022
Case Number
7188/2017,229/2019,2315/2019,2307/2019
Procedural Posture
Civil Trial / Trial; Interlocutory Removal From Roll
Outcome
The four matters are removed from the roll to allow for proper expert evidence to be filed and for investigation into the fraudulent affidavits and reports.
Judges
Kganyago
Legal Topics
Expert Evidence, Fraudulent Affidavit, Attorney Ethics, Removal From Roll
Civil Procedure Expert Evidence Fraudulent Affidavit Attorney Ethics Removal From Roll

Case Brief

Summary, issues, holding and outcome

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Parties

Mokgadi Flora Mokgaha

Plaintiff

John George Mahladisa

Plaintiff

Yvette Masindz Tauyatsoala

Plaintiff

Seleka Richard

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Trial; Interlocutory Removal From Roll

Legal Issues

  1. 1 Whether the expert affidavits and reports filed by the plaintiffs' attorneys were genuinely compiled and signed by Dr Malaka.
  2. 2 Whether the conduct of the plaintiffs' attorneys in filing disputed expert affidavits and reports constitutes a breach of professional ethics.
  3. 3 What remedial action should be taken in light of the fraudulent expert evidence.

Ratio Decidendi

The court found that the expert affidavits and two of the expert reports filed by the plaintiffs' attorneys were not genuinely compiled or signed by Dr Malaka, as he denied authorship and knowledge of the documents under oath. This constituted a serious breach of professional ethics and raised concerns about fraudulent conduct in the preparation and filing of expert evidence. The court determined that the matter required investigation by the Legal Practice Council to establish responsibility and intent. In the interests of fairness, the matters were removed from the roll to allow the plaintiffs' attorneys to file genuine expert reports and affidavits, and to enable proper investigation...

Court Disposition

The four matters are removed from the roll to allow for proper expert evidence to be filed and for investigation into the fraudulent affidavits and reports.

Orders

  • The four matters under case numbers 2307/2019, 2315/2019, 229/2019 and 7188/2017 are removed from the roll.
  • No order as to costs.