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South Africa decisions
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Kriel v Road Accident Fund (Leave to Appeal) (4477/2021) [2024] ZAGPJHC 1230 (28 November 2024)
The High Court refused leave to appeal in a Road Accident Fund matter, finding the applicant had not met the section 17 threshold.
Owoyale v Road Accident Fund (2022/12792) [2024] ZAGPJHC 1107 (30 October 2024)
The High Court dismissed a Road Accident Fund default judgment application after finding the plaintiff’s evidence contradictory, reconstructed, and uncorroborated.
N.M v Member of the Executive Council for the Department of Health - Eastern Cape (227/2017) [2024] ZAECBHC 32 (27 August 2024)
The High Court held the Eastern Cape health department liable after finding negligent labour monitoring caused a child’s hypoxic-ischemic brain injury.
T.Y obo M.Y v MEC for Health, Gauteng Province (CA18/2022) [2024] ZAECMKHC 56 (1 March 2024)
The High Court upheld an appeal in a medical negligence case, finding negligent intrapartum monitoring caused the child's cerebral palsy and ordering damages and costs.
Mene v Member of the Executive Concil for Health in the Province of the Eastern Cape (1365/2013) [2016] ZAECMHC 38 (22 September 2016)
The court found the state liable for negligent delivery at St Lucy’s Hospital, holding that the prolonged labour and vacuum extraction caused Erb’s palsy.
Van der Merwe v East Cape Karoo Holdings CC and Others (1383/2012) [2016] ZAECGHC 7 (10 March 2016)
The plaintiff was not negligent in the manner he operated his motorcycle; he travelled at a reasonable speed, kept a proper lookout, and reacted immediately upon seeing the cow. The defendants, as erstwhile partners, failed to take reasonable precautions to prevent cattle from straying onto the public road, such as locking internal gates or installing cattle grids, despite the foreseeable risk of gates being left open. The most plausible inference is that the cow escaped through gates left open due to the lack of adequate security measures. The indemnity clause in the lease agreement does not…
Source excerpt
Posthumus N.O. and Another v Road Accident Fund (20024/2014) [2015] ZASCA 40 (25 March 2015)
The court held that a parked bakkie’s bright headlights could negligently blind an approaching driver and cause an accident, so RAF liability was not limited.
Vather and Others v Road Accident Fund (AR 75/2010) [2011] ZAKZPHC 36 (30 August 2011)
The High Court dismissed an appeal in a Road Accident Fund claim, finding the appellants failed to prove causal negligence by the insured driver.
Williams v Gawie Hugo Motors CC t/a Total N1 City (5746/2008) [2011] ZAWCHC 86 (6 April 2011)
The High Court dismissed a slip-and-fall claim against a petrol station after finding the plaintiff had not proved negligence or a causal breach of duty.
Madzunye and Another v Road Accident Fund (17/06) [2006] ZASCA 151; 2007 (1) SA 165 (SCA) (20 September 2006)
The Supreme Court of Appeal held that a bakkie driver’s unsafe right turn, together with the Audi driver’s negligence, caused the collision and upheld costs against the Road Accident Fund.
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