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South Africa decisions
Decisions matching the current search
Discovery Health (Pty) Ltd v Road Accident Fund and Another (Leave to Appeal) (2023-117206) [2025] ZAGPPHC 363 (9 April 2025)
The High Court granted Discovery Health leave to appeal against a majority judgment concerning RAF directives, res judicata, standing, and related recovery principles.
Fookwe v Road Accident Fund (23481/2016) [2024] ZAWCHC 115 (29 April 2024)
The court found that the RAF's reliance on section 19(d)(i) of the Road Accident Fund Act and regulations 7 and 8 of the Medical Schemes Act to exclude liability for medical expenses paid by Discovery Health is unfounded, as established by a long line of authority confirming the doctrine of subrogation. The RAF's internal directives regarding ICD codes cannot be applied retrospectively, especially where the plaintiff was not notified of any rejection or given an opportunity to comply. The court allowed the majority of the disputed medical expenses, partially allowed the cost of imported anaes…
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Road Accident Fund v Sheriff of the High Court for the District of Centurion East and Another (083710/2023) [2023] ZAGPPHC 1777 (11 October 2023)
The court held that the Road Accident Fund is not entitled to a stay of execution of writs issued for payment of medical expenses already paid by medical schemes. The law obliges the RAF to compensate plaintiffs for such expenses, as payments by medical schemes are collateral benefits and do not diminish the plaintiffs' patrimonial loss. The RAF's directive to reject these claims has been set aside, and its pending application for leave to appeal does not justify non-compliance with valid court orders. The RAF has not brought rescission applications in any of the matters and has failed to dem…
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Selfmed Medical Scheme v Langeveldt & Nel Attorneys Inc and Another (768/2013) [2018] ZAGPPHC 149 (12 February 2018)
The court dismissed Selfmed Medical Scheme’s claim for medical expenses against attorneys and the deceased’s executrix, finding no mandate and prescription issues.
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