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South Africa decisions
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M.G.N v Road Accident Fund (31148/19) [2025] ZAGPPHC 445 (6 May 2025)
The High Court dismissed a R8 million future loss of earnings claim by a plaintiff injured as a minor in a motor vehicle accident, but awarded merits and a section 17(4)(a) undertaking.
Zungu v Road Accident Fund (093528/2023) [2024] ZAGPJHC 1140 (18 October 2024)
The High Court awarded past loss of income to a road-accident claimant but refused future loss of earnings for lack of reliable supporting evidence.
Coughlan NO v Health Professions Council of South Africa and Others (397/2023) [2024] ZASCA 135; [2025] 1 All SA 20 (SCA) (8 October 2024)
The Supreme Court of Appeal held that the Tribunal exceeded its powers by making findings on causality, which is reserved for the courts. The Tribunal's mandate is strictly limited to assessing the seriousness of injuries for the purposes of the Road Accident Fund Act. The Tribunal was improperly constituted, contrary to the court order, and relied on the opinion of a neurosurgeon rather than psychiatrists, as required. The Tribunal conflated the assessment of injury seriousness with causality, resulting in an ultra vires decision. The high court erred by failing to review and set aside the T…
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Julius v McKenzie t/a Peter McKenzie Attorneys (1117/2019) [2024] ZAECQBHC 87 (23 May 2024)
The court found that the defendant's negligent handling of the plaintiff's claim resulted in prescription, and thus the defendant is liable for the quantum the plaintiff would have received had the original claim against the Minister of Police succeeded. The court considered the plaintiff's injuries—loss of both eyes, emotional and psychological sequelae, and dependency on a carer—alongside previous awards for comparable injuries, adjusted for inflation and circumstances. The court noted that no precedent is exactly on all fours, and exercised its discretion to award an amount that is fair an…
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R.M v Road Accident Fund (11868/17) [2024] ZAGPPHC 137 (22 February 2024)
The court dismissed a Road Accident Fund claim for loss of earning capacity, finding the plaintiff had not proved compensable injury or causation on the evidence.
T.N obo T v Road Accident Fund (42870/16) [2022] ZAGPPHC 516 (4 July 2022)
The High Court dismissed a minor plaintiff’s claim for future loss of earnings against the Road Accident Fund, finding no proven accident-related career impact.
M.M v Road Accident Fund (3677/2017) [2020] ZAFSHC 167 (9 June 2020)
The court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove that the accident caused the child’s premature birth and hydrocephalus.
Mantsie v Road Accident Fund (34199/2011) [2020] ZAGPJHC 39 (10 February 2020)
The court found the plaintiff proved injury-related loss of earning capacity after a collision, applied contingency deductions, and postponed general damages sine die.
Radebe v Road Accident Fund (14645/17) [2019] ZAGPPHC 475 (8 August 2019)
The court awarded R450,000 in general damages to a plaintiff injured in a motor vehicle accident, finding ongoing pain, loss of amenities, and psychological sequelae.
M M v Road Accident Fund (3677/2017) [2019] ZAFSHC 86 (6 June 2019)
The court dismissed a Road Accident Fund claim for a child’s injuries, finding the plaintiff failed to prove the accident caused the abruption, prematurity, or hydrocephalus.
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