South Africa Case Law

Mtika v Road Accident Fund (2019/19802)

Mtika v Road Accident Fund (2019/19802) [2025] ZAGPJHC 667 (1 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/19802

Judge

Cajee

The court held that the plaintiff is entitled to claim damages from the Road Accident Fund despite his expired asylum seeker permit and illegal immigration status, as confirmed by binding precedent. However, the plaintiff's claim for general damages and loss of earnings could not be determined due to the absence of updated medico-legal evidence and lack of concession or HPCSA finding. The quantum of any damages awarded must be reduced by 50% due to the parties' settlement on negligence apportionment. The plaintiff is entitled to a statutory undertaking for future medical expenses, limited to…

Source excerpt

• Road Accident Fund Act
• Loss Of Earnings
• General Damages
• Statutory Undertaking
• Contingencies
• Medico Legal Evidence

R.M obo V v Road Accident Fund (A40/2022; 2729/2018)

R.M obo V v Road Accident Fund (A40/2022; 2729/2018) [2025] ZAMPMBHC 50 (6 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A40/2022; 2729/2018

Judges

Ratshibvumo, Moleleki, Fourie

Appeal upheld in a Road Accident Fund claim for a minor’s future loss of earning capacity, after the High Court found the trial court erred on unpleaded issues and expert evidence.

• Loss Of Earning Capacity
• Quantification Of Damages
• Expert Evidence
• Pleadings And Issues
• Contingencies
• Joint Minutes

Bheme v Road Accident Fund (5089/2023)

Bheme v Road Accident Fund (5089/2023) [2025] ZAMPMBHC 43 (29 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5089/2023

Judges

H F Fourie, TV Ratshibvumo, M Moleleki

The High Court upheld an appeal on loss of earnings and increased the damages award to R3,070,401.75, applying contingencies to uncontested expert evidence.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Quantification Of Damages
• Expert Evidence
• Contingencies
• Appeal Procedure

Liebel N.O N.S.L v Road Accident Fund (120/2020)

Liebel N.O N.S.L v Road Accident Fund (120/2020) [2025] ZAMPMBHC 25 (8 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

120/2020

Judge

Mashile

The High Court awarded damages to a road accident victim for serious physical, cognitive, and emotional injuries, and ordered the RAF to pay costs and issue a section 17(4)(a) certificate.

• Road Accident Fund Act
• Loss Of Earning Capacity
• General Damages
• Quantum Of Damages
• Contingencies
• Personal Injury

Mulindwa v Road Accident Fund (20082/2022)

Mulindwa v Road Accident Fund (20082/2022) [2024] ZAGPJHC 1157 (14 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20082/2022

Judge

BC Wanless

The court held the Road Accident Fund liable for 80% of agreed and proven damages after a motor vehicle collision, and fixed contingencies for loss of earnings.

• Road Accident Fund Act
• Locus Standi
• Quantum Of Damages
• Contingencies
• General Damages
• Loss Of Earnings

Mampuru v Road Accident Fund (8401/2021)

Mampuru v Road Accident Fund (8401/2021) [2024] ZALMPPHC 170 (5 November 2024)

Court

Limpopo High Court, Polokwane

Case number

8401/2021

Judge

S Monene

High Court quantum judgment in a Road Accident Fund claim, awarding the plaintiff R1,663,311 for loss of earnings after expert evidence on two earning scenarios.

• Loss Of Earnings
• Personal Injury
• Quantum Of Damages
• Expert Evidence
• Contingencies
• Future Medical Expenses

F.P.M obo Z.N.M v Road Accident Fund (8854/2022)

F.P.M obo Z.N.M v Road Accident Fund (8854/2022) [2024] ZAGPJHC 1061 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

8854/2022

Judge

S M Katzew

The court found that the maintenance order was unsuitable as evidence for quantifying the minor child's loss of support, given its disconnect from the child's current needs and age. The actuarial report dated 5 August 2022, which assumes the deceased's net income would be shared among his dependants, was accepted as the correct basis for quantification, as the defendant admitted its methodology and did not refute its assumptions. The court held that dependency should extend to age 21, applying the principle that support for a school-going child would likely continue until that age. The court…

Source excerpt

• Loss Of Support
• Maintenance Order
• Quantification Of Damages
• Curator Bonis Appointment
• Contingencies
• Minor Child Award Protection

Ntsemi v Road Accident Fund (7084/2017)

Ntsemi v Road Accident Fund (7084/2017) [2024] ZALMPPHC 118 (30 September 2024)

Court

Limpopo High Court, Polokwane

Case number

7084/2017

Judge

Mashamba

High Court RAF damages case awarding loss of earnings, with 10% contributory negligence and a referral of general damages to the HPCSA.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Apportionment Of Negligence
• Quantum Of Damages
• Contingencies
• General Damages

Selogilwe v Road Accident Fund (RAF 131/2019)

Selogilwe v Road Accident Fund (RAF 131/2019) [2024] ZANWHC 161 (6 June 2024)

Court

North West High Court, Mafikeng

Case number

RAF 131/2019

Judge

J T Djaje

The High Court awarded the plaintiff R1,908,646 for loss of earnings after a motor vehicle accident, accepting her experts’ evidence and applying contingencies.

• Road Accident Fund Act
• Loss Of Earnings
• Assessment Of Damages
• Contingencies
• Expert Evidence
• Road-accident-fund

KMS obo PS v Road Accident Fund (35419/2019)

KMS obo PS v Road Accident Fund (35419/2019) [2024] ZAGPPHC 375 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

35419/2019

Judge

C Marumoagae

The High Court awarded the minor plaintiff R1,018,584 for future loss of income in an uncontested RAF matter, postponed general damages, and ordered an undertaking.

• Road Accident Fund Act
• Quantum Of Damages
• Loss Of Income
• Future Medical Expenses
• Default Judgment
• Contingencies