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South Africa decisions
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M.G.N v Road Accident Fund (31148/19) [2025] ZAGPPHC 445 (6 May 2025)
The High Court dismissed a R8 million future loss of earnings claim by a plaintiff injured as a minor in a motor vehicle accident, but awarded merits and a section 17(4)(a) undertaking.
M.R.M obo L.M.M v Road Accident Fund (3911/2023) [2025] ZALMPPHC 66 (19 March 2025)
Default RAF judgment awarding a minor claimant R5,258,190 for future loss of earnings, plus an undertaking for future medical costs and party-and-party costs.
Malothe v Road Accident Fund (4294/2021) [2025] ZAGPJHC 295 (28 February 2025)
The High Court granted the plaintiff’s Rule 38(2) application and awarded R2,728,872 for future loss of income and impaired earning capacity, plus costs.
Gidigidi obo M.B. v Road Accident Fund (22118/2019) [2025] ZAGPJHC 190 (14 February 2025)
High Court RAF damages case awarding R7.7 million for future loss of earnings after a minor’s accident-related injuries permanently reduced earning capacity.
Kriel N.O obo Minor Child v Road Accident Fund (Leave to Appeal) (12291/2020) [2025] ZAGPJHC 82 (31 January 2025)
The High Court dismissed an application for leave to appeal in a Road Accident Fund damages matter, finding no reasonable prospect of success under section 17.
S.M v Road Accident Fund (29434/21) [2024] ZAGPPHC 1002 (23 September 2024)
Minor pedestrian injured in a road accident wins damages against the Road Accident Fund for future loss of earnings, general damages, and future medical costs.
Manganeng v Road Accident Fund (29943/2020) [2024] ZAGPPHC 1005 (23 September 2024)
Road Accident Fund claim succeeds in full after an uncontested trial, with damages awarded for future loss of earnings, general damages, and future medical expenses.
Road Accident Fund v Kruger (46442/21) [2024] ZAGPPHC 903 (13 September 2024)
The court found that the Road Accident Fund was properly served with all relevant documents and notices, including two notices of set down for default judgment, and that multiple staff members and the State Attorney were aware of the proceedings. The RAF's explanation for its default and delay in bringing the rescission application was unreasonable and amounted to either wilful default or gross negligence. The court held that the RAF, as a litigant, is not entitled to special treatment and must comply with the rules of court. The RAF's internal policies and administrative failures do not excu…
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Sayed N.O v Road Accident Fund (34250/2020) [2024] ZAGPPHC 881 (5 September 2024)
The High Court awarded a minor damages for future loss of earnings after finding cognitive and scholastic decline linked to accident-related trauma.
Chapotela v Road Accident Fund (2021/21839) [2024] ZAGPJHC 888 (4 September 2024)
The court found that the insured driver was causally negligent but not solely responsible for the collision. The plaintiff also contributed to the negligence by failing to keep a proper lookout and walking in the emergency lane along converging traffic. In the absence of evidence from the defendant establishing negligence on the part of the plaintiff, the court exercised its discretion and apportioned liability, finding joint and contributory negligence. The court accepted the contingency deductions applied by the actuary for future loss of earnings as fair and just, based on the plaintiff's…
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