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South Africa decisions
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Jere v Road Accident Fund (5843/2024) [2025] ZALMPPHC 149 (4 August 2025)
Default judgment partly granted in a Road Accident Fund claim. The court awarded R1,122,830 for loss of earnings, ordered an undertaking for future medical expenses, and postponed general damages.
S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)
The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discha…
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P.N obo K.N.N v Road Accident Fund (2020/27135) [2025] ZAGPPHC 759 (28 July 2025)
High Court judgment on a minor’s future loss of earnings claim against the Road Accident Fund, with the court fixing quantum, contingencies, and trust protection.
K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)
The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages,…
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G.N.N obo N.H.N v Road Accident Fund (2455/2022) [2025] ZAMPMBHC 60 (2 July 2025)
The court found that the minor child, although not rendered completely incapacitated, suffered a loss of future earning capacity due to cognitive and psychological sequelae of the accident. The court exercised its discretion in determining appropriate contingency deductions, applying 30% to pre-morbid earnings and 15% to post-morbid earnings, which it considered just and fair given the minor's age, academic performance, and prospects for improvement. The court held that the damages award should be protected by a trust to ensure the minor's long-term financial security, rejecting the proposal…
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Stoffel v RAF (301/2019) [2025] ZAFSHC 202 (30 June 2025)
The court held the Road Accident Fund 100% liable for a minor passenger’s proven damages and awarded R3,839,957 for future loss of income.
Jordaan obo S. M. E. v Road Accident Fund (Y2012/202045) [2025] ZAGPJHC 646 (27 June 2025)
Road Accident Fund quantum judgment for a minor injured in a motor vehicle collision, with liability settled at 100% and loss of earnings awarded.
K.J.L v Road Accident Fund (60003/21) [2025] ZAGPPHC 700 (24 June 2025)
The High Court granted absolution from the instance on the plaintiff’s future loss of earnings claim, finding the evidence did not prove accident-caused unemployability.
Khambule v Road Accident Fund (2015/30703) [2025] ZAGPJHC 628 (24 June 2025)
The High Court awarded the plaintiff damages for medical expenses and loss of earnings after a motor vehicle accident, and ordered an unlimited RAF undertaking.
Lephatsi v Road Accident Fund (5271/2021) [2025] ZAFSHC 186 (20 June 2025)
The High Court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages and awarded R493,376.10 for loss of future income.
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