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South Africa decisions
Decisions matching the current search
Charumbira v Road Accident Fund (371/2024) [2025] ZAFSHC 122 (24 April 2025)
The High Court postponed a review over RAF payment requirements for a foreign claimant, pending the Supreme Court of Appeal decision in Mudawo.
K.N.M obo P.E.M v Road Accident Fund (2023/034357) [2024] ZAGPPHC 1362 (4 December 2024)
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…
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Road Accident Fund v Mahmoud and Another (2018-28163) [2024] ZAGPJHC 243 (3 March 2024)
The application for an interim interdict suspending execution of the judgment debt was dismissed because the Fund's management directive does not apply to claims instituted before its issuance, such as the present action commenced in 2018. The Fund was aware of the directive when it entered into the settlement agreement in April 2023, and cannot now rely on it to avoid payment. The urgency was self-created, and the Fund failed to disclose when it first sought to rely on the directive. Even if the directive were found constitutional, it would not affect the present judgment, which stands until…
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