Mokoena v Road Accident Fund (RAF344/15) [2017] ZANWHC 47 (6 July 2017)

Mokoena v Road Accident Fund (RAF344/15) [2017] ZANWHC 47 (6 July 2017)

The Court found that the plaintiff's claim had prescribed in terms of section 23(3) of the Road Accident Fund Act, as the accident occurred on 24 April 2005 and the five-year prescription period elapsed on 23 April 2010. The plaintiff failed to provide credible evidence that he did not receive notification of prescription or that the defendant breached a duty of care. The attempted amendment and replication introducing a new cause of action were not properly before the Court, as they were not canvassed during trial and no condonation was sought. The plaintiff, being a police officer, was not a lay person and should have been aware of the risk of prescription. The Court upheld the...

Citation
[2017] ZANWHC 47
Parties
Plaintiff: Basil Mokoena; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 July 2017
Case Number
RAF344/15
Procedural Posture
Civil Trial / Special Plea of Prescription
Outcome
The special plea of prescription raised by the defendant is upheld with costs.
Judges
Kgoele
Legal Topics
Prescription, Road Accident Fund Act, Special Plea, Duty of Care, Amendment of Pleadings
Civil Procedure Delict Prescription Road Accident Fund Act Special Plea Duty of Care Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Basil Mokoena

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiff's claim against the Road Accident Fund has prescribed under section 23(3) of the Road Accident Fund Act.
  2. 2 Whether the plaintiff may amend pleadings to introduce a claim for breach of duty of care after trial.
  3. 3 Whether the defendant's alleged failure to notify the plaintiff of prescription constitutes a breach of duty of care.

Ratio Decidendi

The Court found that the plaintiff's claim had prescribed in terms of section 23(3) of the Road Accident Fund Act, as the accident occurred on 24 April 2005 and the five-year prescription period elapsed on 23 April 2010. The plaintiff failed to provide credible evidence that he did not receive notification of prescription or that the defendant breached a duty of care. The attempted amendment and replication introducing a new cause of action were not properly before the Court, as they were not canvassed during trial and no condonation was sought. The plaintiff, being a police officer, was not a lay person and should have been aware of the risk of prescription. The Court upheld the...

Court Disposition

The special plea of prescription raised by the defendant is upheld with costs.

Orders

  • The special plea raised by the defendant is upheld with costs.