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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 418

Machekera v Road Accident Fund (2024/023488)

Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025)

The High Court dismissed the Road Accident Fund’s rescission application and ordered attorney-and-own-client costs, holding that its statutory undertaking remained binding.

  • Rescission Of Judgment
  • Statutory Undertaking
  • Road Accident Fund Liability
  • Foreign Claimants
  • Rescission-of-judgment
  • Road-accident-fund
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Civil Procedure [2024] ZAGPPHC 662

Road Accident Fund v Lyton and Others (113968/2023)

Road Accident Fund v Lyton and Others (113968/2023) [2024] ZAGPPHC 662 (11 July 2024)

The application for a stay of execution is dismissed because the Mudawo judgment is final and binding, confirming that the Road Accident Fund Act allows any person, including illegal foreigners, to claim compensation. The requirements imposed by the RAF Management Directive and amended RAF1 form are unlawful and unenforceable. The applicant does not dispute the underlying causa of the judgment debts, but merely seeks additional documentation, which is not required by law. The court finds that granting a stay would not be a judicial exercise of discretion, as the applicant is merely attempting…

  • Stay Of Execution
  • Road Accident Fund Act
  • Foreign Claimants
  • Management Directive Review
  • Uniform Rules Of Court Rule 45a
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