Shabalala v Road Accident Fund (2021/29064; 2021/58021) [2025] ZAGPJHC 66 (24 January 2025)

Shabalala v Road Accident Fund (2021/29064; 2021/58021) [2025] ZAGPJHC 66 (24 January 2025)

The court held that the orders previously granted, which deemed injuries serious if the Road Accident Fund failed to decide within 10 days, were incorrect and conflicted with the Supreme Court of Appeal's decision in Mpahla v RAF. The RAF's failure to comply with statutory and court-ordered obligations does not result in a deemed acceptance of serious injury. Instead, the appropriate remedy is for the plaintiff to seek judicial review under PAJA, allowing the court to substitute its own decision for that of the RAF. The court exercised its power under PAJA to reject the serious injury assessment reports and directed the plaintiffs to lodge disputes with the Health Professions Council of...

Citation
[2025] ZAGPJHC 66
Parties
Applicant: Daisy Shabalala; Applicant: Matjankgowa Rolty Sefadi; Respondent: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2025
Case Number
2021/29064; 2021/58021
Procedural Posture
Review Application / Judgment After Default and Mandamus Orders; Review of Administrative Failure
Outcome
The serious injury assessment reports of both applicants are rejected. Plaintiffs are directed to lodge disputes with the HPCSA within 90 days if they do not accept the rejection. Costs are awarded against the Road Accident Fund on an attorney and client scale.
Judges
Weideman AJ
Legal Topics
Promotion of Administrative Justice Act, Road Accident Fund Regulations, Serious Injury Assessment, Mandamus, Default Judgment
Administrative Law Civil Procedure Promotion of Administrative Justice Act Road Accident Fund Regulations Serious Injury Assessment Mandamus Default Judgment

Case Brief

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Parties

Daisy Shabalala

Applicant

Matjankgowa Rolty Sefadi

Applicant

Road Accident Fund

Respondent

Procedural Posture

Review Application / Judgment After Default and Mandamus Orders; Review of Administrative Failure

Legal Issues

  1. 1 Whether the Road Accident Fund's failure to decide on the seriousness of the plaintiffs' injuries within the prescribed period results in a deemed acceptance of serious injury.
  2. 2 Whether the court may substitute its own decision for that of the Road Accident Fund under PAJA when the Fund fails to act.
  3. 3 Whether the orders compelling the RAF to decide within 10 days and deeming injuries serious upon non-compliance are valid in law.

Ratio Decidendi

The court held that the orders previously granted, which deemed injuries serious if the Road Accident Fund failed to decide within 10 days, were incorrect and conflicted with the Supreme Court of Appeal's decision in Mpahla v RAF. The RAF's failure to comply with statutory and court-ordered obligations does not result in a deemed acceptance of serious injury. Instead, the appropriate remedy is for the plaintiff to seek judicial review under PAJA, allowing the court to substitute its own decision for that of the RAF. The court exercised its power under PAJA to reject the serious injury assessment reports and directed the plaintiffs to lodge disputes with the Health Professions Council of...

Court Disposition

The serious injury assessment reports of both applicants are rejected. Plaintiffs are directed to lodge disputes with the HPCSA within 90 days if they do not accept the rejection. Costs are awarded against the Road Accident Fund on an attorney and client scale.

Orders

  • In the matter of Daisy Shabalala, the plaintiff's serious injury assessment report is rejected.
  • If the plaintiff does not accept the rejection, she must lodge the prescribed dispute resolution form with the Registrar of the Health Professions Council of South Africa within 90 days from the date of this order.