Molefe v Road Accident Fund (22195/2018) [2021] ZAGPPHC 583; 2022 (2) SA 461 (GP) (8 September 2021)

Molefe v Road Accident Fund (22195/2018) [2021] ZAGPPHC 583; 2022 (2) SA 461 (GP) (8 September 2021)

The court found that the Plaintiff failed to comply with the procedural requirements for default judgment under Rule 31(4), specifically the requirement of reasonable notice to the Defendant. The Plaintiff’s interlocutory applications were served on the day of trial without sufficient notice, constituting an abuse of process. While the circumstances may have justified affidavit evidence under Rule 38 due to COVID-19 and the Defendant’s non-participation, the Plaintiff was nonetheless required to comply fully with the Judge President’s directive regarding disclosure and notice. The court exercised its discretion to refuse default judgment and directed the Plaintiff to comply with the...

Citation
[2021] ZAGPPHC 583
Parties
Plaintiff: Molefe Omphile Basetsana; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 September 2021
Case Number
22195/2018
Procedural Posture
Civil Trial / Judgment on Interlocutory Applications (rule 31 Default Judgment and Rule 38 Affidavit Evidence)
Outcome
Default judgment refused; Plaintiff directed to comply with Judge President’s Directives; no order as to costs.
Judges
Manamela
Legal Topics
Default Judgment, Rule 38 Affidavit Evidence, Loss of Earnings, Contingency Deduction, Raf Act Section 17
Civil Procedure Delict Default Judgment Rule 38 Affidavit Evidence Loss of Earnings Contingency Deduction Raf Act Section 17

Case Brief

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Parties

Molefe Omphile Basetsana

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Interlocutory Applications (rule 31 Default Judgment and Rule 38 Affidavit Evidence)

Legal Issues

  1. 1 Whether it is justifiable to grant an order on the basis of the two interlocutory applications served on the Defendant on the date of trial.
  2. 2 Whether the Plaintiff complied with the Judge President’s directive regarding disclosure and notice for interlocutory applications.
  3. 3 Whether evidence may be led by affidavit under Rule 38 in the circumstances.

Ratio Decidendi

The court found that the Plaintiff failed to comply with the procedural requirements for default judgment under Rule 31(4), specifically the requirement of reasonable notice to the Defendant. The Plaintiff’s interlocutory applications were served on the day of trial without sufficient notice, constituting an abuse of process. While the circumstances may have justified affidavit evidence under Rule 38 due to COVID-19 and the Defendant’s non-participation, the Plaintiff was nonetheless required to comply fully with the Judge President’s directive regarding disclosure and notice. The court exercised its discretion to refuse default judgment and directed the Plaintiff to comply with the...

Court Disposition

Default judgment refused; Plaintiff directed to comply with Judge President’s Directives; no order as to costs.

Orders

  • Default judgment is refused.
  • The Plaintiff is directed to fully comply with the Judge President’s Directives.