Road Accident Fund v Chipofya (22125/18) [2025] ZAWCHC 235 (2 June 2025)

Road Accident Fund v Chipofya (22125/18) [2025] ZAWCHC 235 (2 June 2025)

The court found that the applicant's rescission application was brought with substantial and unexplained delay, which alone justified dismissal. The applicant was fully aware of the respondent's immigration status and dual identity at the time of settlement and consent to the order. There was no justus error or fraud; the applicant's explanation was false and misleading. The compromise agreement between the parties, made an order of court, extinguished disputed rights and is res judicata. The Road Accident Fund Act, as interpreted by precedent, includes illegal immigrants as eligible claimants, and the subsequent RAF directive does not apply retrospectively. The applicant's attempt to...

Citation
[2025] ZAWCHC 235
Parties
Applicant: Road Accident Fund; Respondent: Charles Jeka Chipofya
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 June 2025
Case Number
22125/18
Procedural Posture
Rescission Application / Application for Rescission of Consent Order
Outcome
Application for rescission of judgment dismissed with costs.
Judges
Lekhuleni
Legal Topics
Rescission of Judgment, Road Accident Fund Act, Illegal Immigrants, Consent Orders, Delay in Application
Civil Procedure Delict Rescission of Judgment Road Accident Fund Act Illegal Immigrants Consent Orders Delay in Application

Case Brief

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Parties

Road Accident Fund

Applicant

Charles Jeka Chipofya

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Consent Order

Legal Issues

  1. 1 Was the rescission application brought timeously or within a reasonable time?
  2. 2 Has the applicant shown good cause for rescinding the consent order granted on 12 January 2023?
  3. 3 Is an undocumented foreign national eligible for compensation under the Road Accident Fund Act?

Ratio Decidendi

The court found that the applicant's rescission application was brought with substantial and unexplained delay, which alone justified dismissal. The applicant was fully aware of the respondent's immigration status and dual identity at the time of settlement and consent to the order. There was no justus error or fraud; the applicant's explanation was false and misleading. The compromise agreement between the parties, made an order of court, extinguished disputed rights and is res judicata. The Road Accident Fund Act, as interpreted by precedent, includes illegal immigrants as eligible claimants, and the subsequent RAF directive does not apply retrospectively. The applicant's attempt to...

Court Disposition

Application for rescission of judgment dismissed with costs.

Orders

  • The application for rescission of judgment is dismissed.
  • The applicant is ordered to pay the costs of the application, including the costs of counsel on scale B.