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South Africa decisions
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Bekker v Road Accident Fund (19623/2019) [2025] ZAGPJHC 407 (29 April 2025)
The High Court found the plaintiff was a passenger, not the driver, and held the Road Accident Fund liable for 100% of damages from the collision.
T.P.R obo P.M.M v Road Accident Fund (9117/2019) [2024] ZAGPPHC 387 (18 April 2024)
The court held that striking out a defendant's defence does not bar the defendant from participating in proceedings; the defendant may cross-examine witnesses and argue the merits and quantum but cannot lead evidence or advance facts not put by the plaintiff. Where the plaintiff amends its particulars of claim after the defence is struck out, pleadings are reopened and the defendant may plead afresh, but only on issues affected by the amendment. On the merits, the plaintiff proved entitlement to damages resulting from the motor vehicle accident, and the Road Accident Fund failed to rebut the…
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Bangiwe v Road Accident Fund (21327/17) [2019] ZAGPPHC 437; 2021 (3) SA 172 (GP) (30 August 2019)
The court held that section 17 of the Road Accident Fund Act must be interpreted in light of its purpose, which is to provide broad protection and compensation for loss or damage caused by the negligent driving of motor vehicles. The phrase 'at any place within the Republic' was deliberately chosen by the legislature to ensure coverage is not limited to traditional roads or above-ground locations. Excluding underground mine accidents would create an unfair anomaly and contradict the Act's social purpose. The Act does not require that the accident occur on a 'road', and the defendant's argumen…
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Chirombi v Road Accident Fund (29056/2013) [2016] ZAGPPHC 1211 (11 November 2016)
The High Court held the Road Accident Fund liable after a brick fell from a truck and injured a cyclist, finding negligent driving and causation under section 17.
B v Road Accident Fund (41110/2013) [2016] ZAGPPHC 543 (8 July 2016)
The High Court held that starting a vehicle, engaging first gear and releasing the clutch constituted driving under the Road Accident Fund Act.
Nkosi v Road Accident Fund (10465/2005) [2008] ZAGPHC 57 (27 February 2008)
The court found the first insured driver negligent in a two-vehicle collision and awarded the passenger plaintiff full damages against the Road Accident Fund.
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