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South Africa Case Law

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Delict [2022] ZAGPPHC 518

Krisann v Road Accident Fund (15257/20)

Krisann v Road Accident Fund (15257/20) [2022] ZAGPPHC 518 (13 July 2022)

High Court held the RAF liable after a parked vehicle rolled downhill, finding the driver’s conduct constituted driving under the Act and was negligent.

  • Road Accident Fund Act
  • Negligence
  • Liability For Driving
  • Separation Of Merits And Quantum
  • Road-accident-fund
  • Motor-vehicle-accidents
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Delict [2019] ZAGPJHC 529

T M v Road Accident Fund (2018/6687)

T M v Road Accident Fund (2018/6687) [2019] ZAGPJHC 529 (13 December 2019)

The court found that the injuries sustained by the plaintiff when she was pushed out of the moving taxi arose from the driving of a motor vehicle as required by section 17(1) of the Road Accident Fund Act. The court relied on Steyn, Pillay, and Matinise, which held that injuries resulting from being ejected from a moving vehicle are causally connected to its driving. However, the gunshot wound was not considered to have arisen from the driving of the vehicle, as there was no evidence that the driver facilitated the shooting or that it was causally connected to the act of driving. The court fu…

  • Road Accident Fund Act
  • Causation
  • Negligence
  • Pleadings
  • Liability For Driving
  • Quantum Separation
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Delict [2019] ZAGPJHC 553

Macatsha v Road Accident Fund (2018/6687)

Macatsha v Road Accident Fund (2018/6687) [2019] ZAGPJHC 553; 2020 (4) SA 275 (GJ) (13 December 2019)

The court found that the plaintiff's injuries sustained when she was pushed out of the moving vehicle arose from the driving of a motor vehicle as required by section 17(1) of the Road Accident Fund Act. The court relied on previous judgments, including Steyn, Pillay, and Matinise, which established that injuries resulting from being ejected from a moving vehicle are causally connected to its driving. However, the gunshot wound was inflicted independently of the driving and did not fall within the ambit of section 17(1). The court further held that, despite discrepancies between the pleadings…

  • Road Accident Fund Act
  • Causation
  • Pleadings And Amendment
  • Negligence
  • Liability For Driving
  • Quantum Separation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.