South Africa Case Law

Soko v Road Accident Fund (22873/2018)

Soko v Road Accident Fund (22873/2018) [2025] ZAGPPHC 456 (9 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

22873/2018

Judge

Flatela

The court found that the plaintiff failed to provide sufficient evidence that a valid claim was lodged with the Road Accident Fund in compliance with the statutory requirements. The plaintiff's evidence regarding lodgement was based on hearsay, as he was not the person who submitted the claim and his friend did not corroborate the testimony. There were no lodgement forms or supporting documents in the trial bundle. The absence of documentary proof and corroborating evidence rendered the plaintiff's case insufficient. The court held that compliance with procedural requirements under section 24…

Source excerpt

• Road Accident Fund Act
• Lodgement Of Claim
• Negligence
• Burden Of Proof

Ndebele v Road Accident Fund (2023/071600)

Ndebele v Road Accident Fund (2023/071600) [2025] ZAGPJHC 395 (17 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/071600

Judge

Khashane La M Manamela

The court found that the plaintiff's claim was validly lodged in substantial compliance with section 24 of the Road Accident Fund Act. The supplementation of documents via email was accepted as sufficient to cure the initial objection, and the RAF's insistence on a fresh claim was rejected as contrary to the purpose of the Act. The plaintiff's evidence, supported by expert reports, established that she suffered serious injuries resulting in permanent loss of earning capacity. The RAF failed to provide any contradictory evidence or expert reports. The court held the RAF 100% liable for the pla…

Source excerpt

• Road Accident Fund Act
• Personal Injury
• Prescription Of Claims
• Loss Of Earning Capacity
• Lodgement Of Claim
• Quantum Of Damages

K.N.M obo P.E.M v Road Accident Fund (2023/034357)

K.N.M obo P.E.M v Road Accident Fund (2023/034357) [2024] ZAGPPHC 1362 (4 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/034357

Judge

Basson

The court found that the applicant's claim was validly lodged with the Road Accident Fund, as all required documents were submitted and there was at least substantial compliance with the Road Accident Fund Act 56 of 1996. The Management Directive and Board Notices issued by the RAF were held to be unlawful, as they imposed requirements beyond those stipulated in the Act and Regulations and did not have the force of law. The court emphasized that the best interests of the minor child are paramount and must be considered in the adjudication of the claim. The order was granted by default due to…

Source excerpt

• Road Accident Fund Act
• Substantial Compliance
• Lodgement Of Claim
• Management Directive
• Children Best Interests

Karsten and Another v Road Accident Fund and Others (1962/2012)

Karsten and Another v Road Accident Fund and Others (1962/2012) [2024] ZANCHC 29 (22 March 2024)

Court

Northern Cape High Court, Kimberley

Case number

1962/2012

Judge

Tyuthuza

The court dismissed the RAF’s prescription plea, finding the claim was lodged by registered post on time. Proceedings against the Post Office were suspended due to business rescue.

• Prescription
• Lodgement Of Claim
• Business Rescue Moratorium
• Negligent Misrepresentation
• Road-accident-fund
• Registered-post-lodgement

Mmilisi v Road Accident Fund (2022-062084)

Mmilisi v Road Accident Fund (2022-062084) [2024] ZAGPJHC 269 (14 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022-062084

Judge

Wright

The High Court postponed a Road Accident Fund matter sine die, ordered wasted costs against the defendant, and required proper pleading of a proposed special plea.

• Lodgement Of Claim
• Certification Of Documents
• Road Accident Fund Act
• Special Plea
• Prescription
• Road-accident-fund

Dzingai v Road Accident Fund (6462/21)

Dzingai v Road Accident Fund (6462/21) [2023] ZAGPPHC 1945 (29 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

6462/21

Judge

E van der Schyff

The High Court postponed a Road Accident Fund claim sine die after raising concerns about late lodgement, prescription, and whether the issue is jurisdictional.

• Road Accident Fund Claims
• Prescription
• Jurisdictional Requirements
• Unidentified Vehicle
• Lodgement Of Claim
• Road-accident-fund