South Africa Case Law

Phahlane v Road Accident Fund (21973/2023)

Phahlane v Road Accident Fund (21973/2023) [2025] ZAGPJHC 706 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21973/2023

Judge

Noko

The court found that the plaintiff, as a passenger, only needed to prove minimal negligence on the part of the insured driver to succeed in her claim against the Road Accident Fund. The evidence, including the plaintiff's testimony and supporting documents, established that the driver was speeding and lost control, causing the accident. The defendant failed to present any evidence to rebut the inference of negligence, and the plaintiff's evidence remained unchallenged. The court accepted that the plaintiff contributed to her injuries by not wearing a seatbelt and boarding an overloaded vehicl…

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• Road Accident Fund Act
• Contributory Negligence
• Apportionment Of Damages
• Personal Injury
• Balance Of Probabilities

Mda v Road Accident Fund (CC3145/2022)

Mda v Road Accident Fund (CC3145/2022) [2025] ZAECMHC 42 (28 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC3145/2022

Judge

Ngoqo

The High Court held the Road Accident Fund liable after finding the insured driver solely caused the collision by encroaching into the plaintiff’s lane.

• Road Accident Fund Act
• Negligence
• Apportionment Of Damages
• Burden Of Proof
• Road-accident-fund
• Delict

Van Niekerk v Road Accident Fund (293/2022)

Van Niekerk v Road Accident Fund (293/2022) [2025] ZAFSHC 127 (6 May 2025)

Court

Free State High Court, Bloemfontein

Case number

293/2022

Judge

JP Daffue

The court found that the defendant's application for postponement was procedurally defective, lacking both timeliness and substantive explanation. The defendant failed to act with diligence, having ample opportunity to amend its plea earlier. The court reaffirmed the common law principle that payment of medical expenses by a medical aid fund does not preclude a plaintiff from recovering those expenses from the wrongdoer. The court granted leave for evidence to be given on affidavit, as the defendant did not oppose the application. The plaintiff proved her entitlement to the claimed amount, le…

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• Road Accident Fund Act
• Medical Expenses Claim
• Apportionment Of Damages
• Postponement Principles

Yende v City of Johannesburg Metropolitan Municipality and Another (53968/2021)

Yende v City of Johannesburg Metropolitan Municipality and Another (53968/2021) [2025] ZAGPJHC 392 (22 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

53968/2021

Judge

Domingo

The High Court found the municipality and road agency liable for an uncovered manhole that injured the plaintiff, but reduced damages by 50% for contributory negligence.

• Municipal Liability
• Contributory Negligence
• Personal Injury
• Apportionment Of Damages
• Duty Of Care
• Public Infrastructure Maintenance

Erasmus v Road Accident Fund (A2024/039000)

Erasmus v Road Accident Fund (A2024/039000) [2025] ZAGPJHC 346 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/039000

Judges

M Mali, M Mabesele, D Mahosi

The High Court held that the appellant was solely responsible for a motorcycle collision and dismissed his appeal against a 50% apportionment.

• Road Accident Fund Act
• Contributory Negligence
• Apportionment Of Damages
• Traffic Regulations
• Negligence
• Motor Vehicle Collision

Masoga v Road Accident Fund (1386/2024)

Masoga v Road Accident Fund (1386/2024) [2025] ZAMPMHC 16 (25 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1386/2024

Judge

Langa

High Court RAF trial: liability was apportioned 50/50 after a collision in the middle of the road. The future loss of earnings claim was dismissed.

• Road Accident Fund Act
• Apportionment Of Damages
• Negligence
• Loss Of Earning Capacity
• Future Medical Expenses
• Road-accident-fund

Moleofi v Road Accident Fund (5172/2018)

Moleofi v Road Accident Fund (5172/2018) [2025] ZAFSHC 100 (19 March 2025)

Court

Free State High Court, Bloemfontein

Case number

5172/2018

Judge

Van Rhyn

The court held the Road Accident Fund 100% liable after finding that an unidentified vehicle struck a pedestrian on a bridge walkway and that the plaintiff was not contributorily negligent.

• Road Accident Fund Act
• Negligence
• Pedestrian Injury
• Onus Of Proof
• Apportionment Of Damages
• Road-accident-fund

Maroga and Another v Road Accident Fund (952/2024 ; 5644/2023)

Maroga and Another v Road Accident Fund (952/2024 ; 5644/2023) [2025] ZALMPPHC 48 (18 March 2025)

Court

Limpopo High Court, Polokwane

Case number

952/2024 ; 5644/2023

Judge

G.C Muller

The court held that in default judgment applications for damages arising from motor vehicle collisions, the provisions of section 1(1)(a) of the Apportionment of Damages Act apply. The court has discretion to hear oral evidence and must evaluate whether the plaintiff was contributorily negligent. In both cases, the plaintiffs failed to keep a proper lookout before crossing the road and were found to be negligent. The first plaintiff, Jeremiah Lesedi Maroga, was held responsible for 70% of his injuries, with the defendant liable for 30% of proven or agreed damages. The second plaintiff, Meriam…

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• Road Accident Fund Act
• Contributory Negligence
• Apportionment Of Damages
• Default Judgment
• Personal Injury
• Civil Procedure

Colt Transport Services CC v STA Wheels CC and Another (2411/2022)

Colt Transport Services CC v STA Wheels CC and Another (2411/2022) [2025] ZAFSHC 70 (10 March 2025)

Court

Free State High Court, Bloemfontein

Case number

2411/2022

Judge

Daniso

The High Court held that a stationary truck on a dark highway was negligently left without adequate warning, making the defendant solely liable for the collision.

• Motor Vehicle Collision
• Negligence
• Vicarious Liability
• Apportionment Of Damages
• Motor-vehicle-collision
• Vicarious-liability

Ngwenya v Road Accident Fund (07832/16)

Ngwenya v Road Accident Fund (07832/16) [2025] ZAGPJHC 286 (7 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

07832/16

Judge

S M Katzew

The court dismissed the RAF’s special plea, found the plaintiff proved liability, declared an amended pleading invalid, and apportioned damages 90/10.

• Amendment Of Pleadings
• Road Accident Fund Act
• Contributory Negligence
• Single Witness Rule
• Admissibility Of Hearsay
• Apportionment Of Damages