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South Africa Judgment

South Gauteng High Court, Johannesburg

Vombe v Road Accident Fund (2019/39788) [2023] ZAGPJHC 467 (12 May 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court determined that, given the unresolved legal questions regarding the entitlement of foreign claimants to compensation from the Road Accident Fund and the lack of clarity on the plaintiff's factual status, it would be prudent to postpone the trial sine die. The existence of pending litigation challenging the RAF directive and the factual disputes between the parties justified reserving judgment until these issues are resolved.

Court disposition

Trial postponed sine die; costs reserved.

Orders

  • The trial is postponed sine die.
  • Costs are reserved.

02

Material facts

Parties

Carlitos Vasco Vombe

Plaintiff Counsel: Adv Lindi Steyn

Road Accident Fund

Defendant Counsel: Phindile Makhathini

03

Procedural history

  1. Posture

    Civil Trial / Application for Default Judgment at Trial; Defence Struck Out; Request for Postponement Considered

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiff, represented by Adv Steyn, seeks default judgment at trial, arguing that the defence has been struck out and the matter should proceed. The plaintiff opposes postponement, contending that the pending litigation elsewhere does not preclude judgment in this case.
Respondent
The defendant, represented by Ms Makhathini, requests a postponement, arguing that the plaintiff's status as a foreigner may impact his claim. She refers to pending cases, including Adam Mudawo v Minister of Transport and the RAF, which challenge the legality of a RAF directive concerning foreigners. She also suggests a related matter may be pending before the Constitutional Court.

05

Court’s reasoning

  1. 01

    General principle of South African civil procedure

    A judge must consider both the evidence and the law before granting judgment at trial, even where the defence has been struck out.

  2. 02

    General principle; see Chola v RAF 4182/19

    Where there is uncertainty regarding the factual circumstances relevant to a party's entitlement, the court may postpone the matter to allow clarification.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that, given the unresolved legal questions regarding the entitlement of foreign claimants to compensation from the Road Accident Fund and the lack of clarity on the plaintiff's factual status, it would be prudent to postpone the trial sine die. The existence of pending litigation challenging the RAF directive and the factual disputes between the parties justified reserving judgment until these issues are resolved.

Obiter and limits

  • It does not matter for present purposes whether the Mudawo case, or a similar case, is before the High Court in Pretoria or the Constitutional Court.
  • A judge faced with a request for judgment at trial following a striking out of the defence still needs to consider the evidence and the law before granting an order.

Court disposition

Trial postponed sine die; costs reserved.

  • The trial is postponed sine die.
  • Costs are reserved.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2023] ZAGPJHC 467

IN THE HIGH COURT OF

SOUTH AFRICA

GAUTENG DIVISION,

JOHANNESBURG

CASE NO: 2019/39788

NOT REPORTABLE

NOT OF INTEREST TO OTHER

JUDGES

REVISED

12.05.23

In the matter between:

VOMBE,

CARLITOS VASCO

PLAINTIFF and

ROAD

ACCIDENT FUND

DEFENDANT

Neutral Citation: Vombe Carlitos Vasco v Road Accident Fund (Case No: 39788/2019) [2023] ZAGPJHC 467 (12 May 2023)

JUDGMENT –

WRIGHT J

WRIGHT J

1. The plaintiff seeks default judgment at trial, the defence of the RAF having been struck out. Ms Steyn appears for the plaintiff and Ms Makhathini for the RAF.

2. I allowed Ms Makhathini to address me as in my view, I need to consider various questions. Both Ms Steyn and Ms Makhathini presented helpful argument.

3. Ms Makhathini seeks a postponement. The plaintiff, she says is a foreigner and this may well impact on the question of what he may claim. There appears to be pending, the case of Adam Mudawo v Minister of Transport and the RAF. Such a case appears on caselines as a case in Pretoria under number 11795/22. The issue seems to be the legality of a directive issued by the RAF concerning foreigners.

4. Ms Mkakhathini suggests that there is case, possibly between the same parties pending in the Constitutional Court. I could not find such a case on the Constitutional Court website, but Ms Makhathini may well be correct. In my view, it does not matter for present purposes whether or not the Mudawo case, or a similar case is before the High Court in Pretoria or the Constitutional Court.

5. I am told that my brother, Baqwa J postponed recently a similar case in the Johannesburg High Court for this reason. That case appears to be Chola v RAF 4182/19.

6. In my view, it would be wise to postpone the present case pending a decision on the matter.

7. A judge faced with a request for judgment at trial following a striking out of the defence still needs to consider the evidence and the law before granting an order.

8. There seems to be disagreement between the parties as to the factual circumstances surrounding the plaintiff’s status and in the circumstances, even if the matter were to proceed now, I would want clarification, from both sides, as to the correct factual situation.

ORDER

1. The trial is postponed sine die.

2. Costs reserved.

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD : 11 and 12 May 2023

DELIVERED : 12 May 2023

APPEARANCES :

PLAINTIFF Adv Lindi Steyn steyn.lindi@vdelaw.co.za 082 264 0068 Instructed by Van Der Elst Attorneys 011 731 0000 rhino@vdelaw.co.za

DEFENDANT State Attorney Phindile Makhathini 073 689 4920 phindilem1@raf.co.za

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Adam Mudawo v Minister of Transport and the RAF 11795/22

Case cited

Chola v RAF 4182/19

Case cited

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