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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 310

Ranosi v Road Accident Fund (6056/2023)

Ranosi v Road Accident Fund (6056/2023) [2024] ZAFSHC 310 (20 September 2024)

Court
Free State High Court, Bloemfontein
Case number
6056/2023
Judge
Cronje AJ

The court found that the plaintiff provided all material particulars required for the claim, including accident details, employment status, and medical records. The absence of certain documents, such as tax invoices and proof of payment, was justified by the fact that treatment occurred in a public hospital where such documents do not exist. The court held that substantial compliance with the statutory requirements is sufficient, and that the defendant's reliance on Board Notice 271 of 2022 is misplaced given its legal status and the pragmatic approach endorsed by precedent. The special plea…

Source excerpt

  • Road Accident Fund Act
  • Substantial Compliance
  • Special Plea
  • Board Notice 271 2022
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Civil Procedure [2024] ZAECMKHC 40

Mlamli v Johnstone NO and Another (955/2024)

Mlamli v Johnstone NO and Another (955/2024) [2024] ZAECMKHC 40; 2024 (4) SA 611 (ECMk) (9 April 2024)

Court
Eastern Cape High Court, Makhanda
Case number
955/2024
Judge
Notyesi

The court found that the applicant's claim was at risk of prescription, rendering the matter urgent. The Road Accident Fund acted unlawfully by refusing to accept and acknowledge receipt of the applicant's lodgement documents, as it has no legislative authority to do so under the Road Accident Fund Act. The prescribed requirements for claim forms are directory, and substantial compliance suffices. The Fund's reliance on Board Notice 271 of 2022 and the new RAF 1 form was misplaced, as these were declared unlawful and set aside by the Full Bench in Legal Practitioners Indemnity Insurance Fund…

Source excerpt

  • Road Accident Fund Act
  • Lodgement Of Claims
  • Substantial Compliance
  • Prescription
  • Board Notice 271 2022
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.