South Africa Case Law

Gasa v Road Accident Fund (35348/21)

Gasa v Road Accident Fund (35348/21) [2025] ZAGPPHC 618 (17 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

35348/21

Judge

Pienaar

The court found that both the insured driver and the plaintiff were negligent. The insured driver failed to keep a proper lookout and did not observe the plaintiff approaching from behind before making a U-turn. The plaintiff, however, also failed to keep a proper lookout or was driving too fast, as he did not avoid the collision despite having the opportunity to do so. Applying the Apportionment of Damages Act, the court determined that the defendant (Road Accident Fund) should be liable for 75% of the plaintiff's proven damages, with the plaintiff bearing 25% responsibility for the accident…

Source excerpt

• Road Accident Fund Claim
• Negligence
• Apportionment Of Liability
• Contributory Negligence

Matsile v Road Accident Fund (2024/084333)

Matsile v Road Accident Fund (2024/084333) [2025] ZAGPJHC 583 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/084333

Judge

D Weideman

Default judgment in a RAF claim by a Defence Force member, addressing section 18(3), apportionment, future medical costs, and loss of income.

• Road Accident Fund Act
• Defence Act Limitation
• Apportionment Of Liability
• Quantum Of Damages
• Rule 33 4 Postponement
• Rule 38 2 Affidavit Evidence

Boroko v Road Accident Fund (2021/52359)

Boroko v Road Accident Fund (2021/52359) [2025] ZAGPJHC 502 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/52359

Judge

Makgate

High Court road accident claim involving a collision with a stationary vehicle on the N1. The court awarded the plaintiff 90% of proven damages, with 10% contributory negligence.

• Road Accident Claim
• Negligence
• Apportionment Of Liability
• Default Judgment
• Road-accident-fund
• Apportionment-of-liability

Venter v Road Accident Fund (5750/2021)

Venter v Road Accident Fund (5750/2021) [2025] ZAFSHC 112 (14 April 2025)

Court

Free State High Court, Bloemfontein

Case number

5750/2021

Judge

Daniso

The High Court dismissed Ruben Venter’s unopposed application for leave to appeal, finding no proper grounds and no reasonable prospect of a different outcome.

• Leave To Appeal
• Contingency Deduction
• Loss Of Earnings
• Apportionment Of Liability
• Leave-to-appeal
• Contingency-deduction

Smith v Road Accident Fund (21523/19)

Smith v Road Accident Fund (21523/19) [2025] ZAWCHC 157 (3 April 2025)

Court

Western Cape High Court, Cape Town

Case number

21523/19

Judge

Bhoopchand

The High Court awarded the plaintiff damages for past medical expenses and loss of earnings after a paraplegic road accident, applying apportionment and revised contingencies.

• Road Accident Fund Act
• Loss Of Earnings
• Past Medical Expenses
• Contingency Deductions
• Statutory Cap
• Apportionment Of Liability

Simayile-Sigijimi v Road Accident Fund (5465/2021)

Simayile-Sigijimi v Road Accident Fund (5465/2021) [2025] ZAWCHC 147 (31 March 2025)

Court

Western Cape High Court, Cape Town

Case number

5465/2021

Judge

Bhoopchand

The High Court held the Road Accident Fund liable after a pedestrian was struck on or near a pavement, and awarded R500,000 in general damages.

• Road Accident Fund Act
• Negligence
• General Damages
• Pleadings And Amendment
• Apportionment Of Liability
• Road-accident-fund

Braun obo Tiripano v Passenger Rail Agency of South Africa (9777/2018)

Braun obo Tiripano v Passenger Rail Agency of South Africa (9777/2018) [2025] ZAWCHC 141 (26 March 2025)

Court

Western Cape High Court, Cape Town

Case number

9777/2018

Judge

Bhoopchand AJ

High Court damages judgment arising from a train accident, addressing future medical costs, general damages, loss of earnings, and apportionment.

• Personal Injury
• Quantification Of Damages
• Apportionment Of Liability
• Expert Evidence
• Loss Of Earnings
• General Damages

Road Accident Fund v Vikesh (40389/2018)

Road Accident Fund v Vikesh (40389/2018) [2025] ZAGPJHC 312 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40389/2018

Judge

Nharmuravate

The court granted condonation but dismissed the Road Accident Fund’s rescission bid, finding no basis under rule 42 and ordering party-and-party costs.

• Rescission Of Judgment
• Default Judgment
• Condonation
• Loss Of Earnings
• Apportionment Of Liability
• Rescission-of-judgment

Botsane obo Mandlathi v Road Accident Fund (107493/2023)

Botsane obo Mandlathi v Road Accident Fund (107493/2023) [2025] ZAGPJHC 294 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

107493/2023

Judge

Weideman

The High Court granted a 70% liability order, postponed general damages sine die, and dismissed future loss of income for lack of actuarial evidence.

• Road Accident Fund Act
• Loss Of Income
• Future Medical Expenses
• Apportionment Of Liability
• Rule 38 Evidence
• Road-accident-fund

Maluleka v Road Accident Fund (27736/2022)

Maluleka v Road Accident Fund (27736/2022) [2025] ZAGPJHC 187 (4 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

27736/2022

Judge

Weideman

The High Court granted a Rule 38(2) application, held the Road Accident Fund 90% liable, and awarded R1,159,884 for loss of income, with general damages postponed.

• Road Accident Fund Act
• Apportionment Of Liability
• Loss Of Income
• Contingency Deductions
• Rule 38 Application
• Road-accident-fund