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South Africa decisions
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Darvel v Road Accident Fund (12070/2020) [2024] ZAWCHC 433 (1 August 2024)
The High Court held that a Toyota 8FD25 forklift was not a “motor vehicle” under the RAF Act, so the plaintiff’s claim against the Road Accident Fund failed.
Maribe v Road Accident Fund (66435/2017) [2023] ZAGPPHC 1170 (14 September 2023)
The court found that the plaintiff's evidence was marked by evasiveness and lack of candour, particularly regarding speed and visibility. The plaintiff failed to take reasonable steps to avoid the accident, such as moving to the slow lane after reducing speed, despite there being no obstacle. The testimony of the plaintiff's witness, Mr. Marumo, was more reliable and established that the plaintiff had sufficient time and opportunity to avoid the collision. The court distinguished the present case from Mogoelelwa v Road Accident Fund, noting that the plaintiff here had the option to change lan…
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