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…

Source excerpt

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

Barloworld Equipment Southern Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (JR458/22)

Barloworld Equipment Southern Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (JR458/22) [2025] ZALCJHB 287 (24 June 2025)

Court

Labour Court Johannesburg

Case number

JR458/22

Judge

T M Phehane

The Labour Court reinstated a review, refused condonation, and set aside an arbitration award after finding gross irregularities in the commissioner’s conduct.

• Condonation
• Review Of Arbitration Award
• Admissibility Of Hearsay Evidence
• Balance Of Probabilities
• Gross Irregularity
• Costs Award

P.E.M obo P.C.M v Road Accident Fund (4545/2019)

P.E.M obo P.C.M v Road Accident Fund (4545/2019) [2025] ZAMPMBHC 49 (6 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

4545/2019

Judge

Moleleki AJ

The High Court dismissed a minor claimant’s future loss of earnings claim against the Road Accident Fund, finding no proven reduction in earning capacity.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Expert Evidence
• Quantification Of Damages
• Balance Of Probabilities
• Road-accident-fund

Mashego v S (A31/2025)

Mashego v S (A31/2025) [2025] ZAGPJHC 545 (4 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A31/2025

Judge

Dosio

Appeal against refusal of bail dismissed. The High Court held the appellant failed to prove exceptional circumstances under section 60(11)(a).

• Bail Application
• Exceptional Circumstances
• Balance Of Probabilities
• Flight Risk
• Previous Convictions
• Bail-application

Monamudi v S (A60/2025)

Monamudi v S (A60/2025) [2025] ZAGPPHC 524 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A60/2025

Judge

Munzhelele

High Court bail appeal dismissed after the appellant failed to show exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act.

• Bail Application
• Exceptional Circumstances
• Onus Of Proof
• Balance Of Probabilities
• Circumstantial Evidence
• Bail-application

Mokhonoana v Minister of Police and Others (5505/2019)

Mokhonoana v Minister of Police and Others (5505/2019) [2025] ZALMPPHC 76 (23 April 2025)

Court

Limpopo High Court, Polokwane

Case number

5505/2019

Judge

M.A Mphahlele

The court found that the plaintiff failed to prove that the defendants acted without reasonable and probable cause or with malice. The prosecution was based on witness affidavits and the prosecutor's genuine belief in the plaintiff's guilt. The acquittal in the criminal case did not automatically establish malicious prosecution. The plaintiff did not adduce sufficient evidence to show that the defendants acted maliciously or without reasonable grounds. The fact that the plaintiff was a police officer and suffered reputational harm was not sufficient to prove malice or lack of probable cause.…

Source excerpt

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Niuriandi
• Balance Of Probabilities

Raphephele v Road Accident Fund (6140/21)

Raphephele v Road Accident Fund (6140/21) [2025] ZAGPPHC 364 (10 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

6140/21

Judge

Mfenyana

The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove that a motor vehicle accident caused his injuries.

• Road Accident Fund Act
• Onus Of Proof
• Bodily Injury Claim
• Balance Of Probabilities
• Road-accident-fund
• Onus-of-proof

I.L.L v L.V.H (Appeal) (CA 95/2024)

I.L.L v L.V.H (Appeal) (CA 95/2024) [2025] ZAECMKHC 17 (25 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA 95/2024

Judges

Nhlangulela, Norman, Nkele

The court found that the relief sought by the appellant was not entirely moot, as the declaratory order regarding breach of the court order had practical and constitutional significance. The appellant proved the requirements for contempt of court, and the respondent failed to discharge the evidential burden to show absence of wilfulness and mala fides. The respondent's version was rejected as implausible and uncreditworthy on the papers, applying the Plascon-Evans rule. The court held that a declaratory order was appropriate, rather than punitive contempt, and that each party should bear her…

Source excerpt

• Contempt Of Court
• Declaratory Relief
• Costs Award
• Balance Of Probabilities
• Wilfulness And Mala Fides

Mlotshwa v Road Accident Fund (70967/2017)

Mlotshwa v Road Accident Fund (70967/2017) [2025] ZAGPPHC 173 (24 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

70967/2017

Judge

Makhoba

The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove negligence on a balance of probabilities.

• Road Accident Fund Claim
• Negligence
• Onus Of Proof
• Balance Of Probabilities
• Road-accident-fund
• Onus-of-proof

Dercksen v Road Accident Fund (67254/2021)

Dercksen v Road Accident Fund (67254/2021) [2024] ZAGPPHC 970 (3 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

67254/2021

Judge

Makhoba

The High Court dismissed a road accident merits claim after finding the plaintiff’s affidavit did not prove how the collision happened on a balance of probabilities.

• Road Accident Claim
• Onus Of Proof
• Balance Of Probabilities
• Absence Of Evidence
• Road-accident-fund
• Onus-of-proof