Vombe v Road Accident Fund (2019/39788) [2023] ZAGPJHC 467 (12 May 2023)
- Citation
- [2023] ZAGPJHC 467
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2019/39788
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2019/39788
On this page
Professional case brief
Research organized from the available case record
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 SteynRoad Accident Fund
Defendant Counsel: Phindile Makhathini03
Procedural history
Posture
Civil Trial / Application for Default Judgment at Trial; Defence Struck Out; Request for Postponement Considered
04
Questions and positions
Legal issues
- 01
Should the trial proceed to default judgment or be postponed pending resolution of legal questions affecting foreign claimants?
- 02
Does the plaintiff's foreign status affect his entitlement to claim from the Road Accident Fund?
- 03
Is there sufficient clarity on the factual circumstances regarding the plaintiff's status to proceed with judgment?
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
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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