South Africa Case Law

Annelie Agenbach v Road Accident Fund (2053/2022)

Annelie Agenbach v Road Accident Fund (2053/2022) [2025] ZAFSHC 193 (25 June 2025)

Court

Free State High Court, Bloemfontein

Case number

2053/2022

Judge

Chesiwe

The Plaintiff was driving in an unfamiliar area and failed to exercise proper caution and lookout when approaching and entering the intersection. Although she looked both ways, she did not see the bus until it was too late, and her children alerted her to its presence. The Plaintiff conceded under cross-examination that she did not have a proper lookout. The Defendant did not call any witnesses or file expert reports, and the matter proceeded as a default judgment on the merits. The Court found that the Plaintiff was negligent in failing to keep a proper lookout and exercise the duty of care…

Source excerpt

• Negligence
• Road Accident Fund Claim
• Apportionment Of Fault
• Bodily Injury Compensation

Phiri v The Road Accident Fund (6521/2022)

Phiri v The Road Accident Fund (6521/2022) [2024] ZAGPJHC 1312 (19 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

6521/2022

Judge

Weideman

The High Court held the Road Accident Fund 40% liable for a pedestrian accident and awarded R52,000 for loss of earning capacity after apportionment.

• Road Accident Liability
• Apportionment Of Fault
• Loss Of Earning Capacity
• Road-accident-liability
• Apportionment-of-fault
• Loss-of-earning-capacity

Dhliwayo v Road Accident Fund (A598/17)

Dhliwayo v Road Accident Fund (A598/17) [2020] ZAGPPHC 544 (7 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A598/17

Judges

MNGQIBISA-THUSI, S A M BAQWA, J J STRIJDOM

The High Court upheld an appeal in a Road Accident Fund claim and found both the pedestrian and driver negligent, apportioning liability equally at 50%.

• Negligence
• Apportionment Of Fault
• Road Accident Fund Liability
• Motor Vehicle Collision
• Apportionment-of-fault
• Road-accident-fund

Mazangwa v Road Accident Fund (A598/17)

Mazangwa v Road Accident Fund (A598/17) [2020] ZAGPPHC 435 (7 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A598/17

Judges

NP Mngqibisa-Thusi, SA M Baqwa, JJ Strijdom

The High Court upheld an appeal in a Road Accident Fund claim and apportioned fault equally after finding both the pedestrian and driver negligent.

• Negligence
• Apportionment Of Fault
• Motor Vehicle Collision
• Proper Lookout
• Contributory Negligence
• Road-accident-fund

Boshoff v City of Cape Town (7407/16)

Boshoff v City of Cape Town (7407/16) [2019] ZAWCHC 17 (27 February 2019)

Court

Western Cape High Court, Cape Town

Case number

7407/16

Judge

P.A.L.Gamble

The High Court held that the City of Cape Town was not negligent after a man fell into a stormwater channel near Langeberg Road and dismissed the claim with costs.

• Municipal Liability
• Negligence
• Duty Of Care
• Apportionment Of Fault
• Public Safety
• Stormwater Infrastructure

Van der Schyff v RAF (9952/16)

Van der Schyff v RAF (9952/16) [2017] ZAGPPHC 966 (20 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

9952/16

Judge

Brand

The High Court held the Road Accident Fund 100% liable after finding no proven contributory negligence by the plaintiff in a motorcycle overtaking collision.

• Motor Vehicle Accident
• Contributory Negligence
• Apportionment Of Fault
• Separation Of Merits And Quantum
• Motor-vehicle-accident
• Contributory-negligence

Salumu Obo Medi v Road Accident Fund (12895/2014)

Salumu Obo Medi v Road Accident Fund (12895/2014) [2016] ZAGPJHC 150 (13 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

12895/2014

Judge

Van der Linde

The High Court confirmed the plaintiff’s locus standi and found both the minor and the insured driver at fault, reducing damages by 25%.

• Road Accident Liability
• Apportionment Of Fault
• Locus Standi
• Negligence
• Road-accident-fund
• Locus-standi

Masiteng v MEC for Police, Roads and Transport (419/2013)

Masiteng v MEC for Police, Roads and Transport (419/2013) [2016] ZAFSHC 121 (14 April 2016)

Court

Free State High Court, Bloemfontein

Case number

419/2013

Judge

S.C. Mia

The High Court dismissed a road-accident claim after finding the plaintiff failed to prove negligence by the MEC for police, roads and transport.

• Negligence
• Road Maintenance Liability
• Causation
• Reasonable Man Test
• Apportionment Of Fault
• Delict

De Bruyn v Road Accident Fund (15450/13)

De Bruyn v Road Accident Fund (15450/13) [2015] ZAGPPHC 165 (3 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

15450/13

Judge

E M Kubushi

High Court delict claim arising from a motorcycle collision. The plaintiff was mostly at fault for failing to stop, but the Road Accident Fund was held 20% liable.

• Negligence
• Apportionment Of Fault
• Road Accident Fund Act
• Personal Injury
• Contributory Negligence
• Apportionment-of-fault

Gatlet v Road Accident Fund (3481/12)

Gatlet v Road Accident Fund (3481/12) [2014] ZAGPPHC 47 (27 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

3481/12

Judge

KGANYAGO

The court found that the insured driver, by requesting his passenger to alight from the vehicle at a place where it was forbidden and during heavy traffic, created a dangerous situation for other road users. The insured driver should have foreseen the risk of an accident resulting from his actions. The opening of the door by the passenger was initiated by the insured driver and was wrongful, establishing a causal connection between the driving of the vehicle and the plaintiff's injuries. However, the plaintiff also contributed to the accident by riding his motorbike between cars in contravent…

Source excerpt

• Road Accident Fund Act
• Negligence
• Apportionment Of Fault
• Causal Connection
• Contravention Of Traffic Regulations