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South Africa decisions
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Nxumalo v Road Accident Fund (87438/2023) [2025] ZAGPJHC 397 (27 March 2025)
The court granted Rule 38(2) and Rule 33(4) applications, separated liability from quantum, and held the Road Accident Fund liable for 80% of proven damages.
Ringane v Road Accident Fund (Leave to Appeal) (31655/2022) [2025] ZAGPPHC 266 (17 March 2025)
The High Court granted leave to appeal only on apportionment of liability in a Road Accident Fund matter, finding the trailer finding unsupported, but upheld the contingency deductions.
City of Johannesburg Metropolitan Municipality v Mayetsa (5796/2022) [2025] ZAGPJHC 233 (5 March 2025)
The applicant failed to provide a satisfactory and credible explanation for the delay in filing its plea, relying solely on an administrative error and attempting to apportion negligence to the defendant without substantiation. The court found that the delay was self-inflicted and not justified by sound reasons. The interests of justice, as required by Rule 27(3) and constitutional principles, were not served by granting condonation in these circumstances. The applicant's conduct demonstrated a lack of urgency and bona fides, and the prejudice to the defendant was not adequately addressed. Ac…
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Konza v Road Accident fund (012971/2023) [2025] ZAGPJHC 297 (25 February 2025)
The High Court held the plaintiff 25% contributorily negligent in a right-turn collision and ordered the Road Accident Fund liable for 75% of proved damages.
Ramarope v Road Accident Fund (751/2018) [2025] ZAGPJHC 246 (18 February 2025)
Default judgment in a Road Accident Fund claim: the court awarded damages for general damages and loss of earnings, and ordered a statutory undertaking for future medical expenses.
Ntsemi v Road Accident Fund (7084/2017) [2024] ZALMPPHC 118 (30 September 2024)
High Court RAF damages case awarding loss of earnings, with 10% contributory negligence and a referral of general damages to the HPCSA.
Vitash Trucking CC and Another v Vervoer and Others (1707/2016) [2024] ZAFSHC 163 (16 May 2024)
High Court motor collision matter: the court found both drivers negligent and apportioned liability 80% against the defendants and 20% against the plaintiffs.
Mabena v Road Accident Fund [2023] ZAGPPHC 499; 26954/2021 (29 June 2023)
The High Court dismissed a motor accident claim after finding the plaintiff gave contradictory versions of how the collision occurred and failed to prove liability.
Maseko v Passenger Rail Agency of South Africa (01242/2016) [2023] ZAGPJHC 477 (15 May 2023)
High Court damages judgment for a woman who lost her dominant arm in a train boarding accident, with quantum assessed after a 60/40 negligence apportionment.
Vorster v Clothing City (PTY) Ltd (CA145/2021) [2022] ZAECMKHC 15 (17 May 2022)
The court held that the appellant's amendment of the particulars of claim increased the quantum to R531,225.02, which exceeded the monetary jurisdiction of the magistrate's court as determined by the Minister. The principle of continuance did not apply because the respondent was not aware of the increased quantum at the outset and did not admit to any specific amount, only a percentage of negligence. Section 37(2) did not apply because the entire claim, after amendment, was indivisible and beyond jurisdiction. The appropriate remedy for the appellant was to abandon part of the claim under sec…
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