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South Africa decisions
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Nwayo v Road Accident Fund (13607/2022) [2025] ZAGPPHC 667 (30 June 2025)
The High Court refused default judgment against the Road Accident Fund because the plaintiff’s statutory affidavit was commissioned before the accident and could not be relied on.
M.M.B v MEC for Department of Public Works, Roads and Transport, North West (Reasons) (1831/2017) [2025] ZANWHC 40 (20 February 2025)
High Court reasons on quantum after liability was admitted for a motor vehicle accident causing catastrophic injuries, paraplegia, and severe future care needs.
Sebothoma v Road Accident Fund (3892/2023) [2025] ZALMPPHC 7 (27 January 2025)
The court held the defendant, under bar and without a plea, could not participate fully. The plaintiff proved liability and was awarded loss of earnings.
Rathlogo v Road Accident Fund (4925/2010) [2024] ZAGPPHC 1137 (8 November 2024)
The court found that the plaintiff suffered significant injuries as a result of the December 2007 accident, including a fractured jaw, chronic pain, and diminished quality of life. Expert medical evidence confirmed ongoing discomfort, inability to chew properly, and the need for further surgical intervention. In determining the quantum of general damages, the court considered comparable awards in Sokombela v Minister of Safety and Security and Minister of Police v Steve Dlwathi, adjusting for the plaintiff's specific circumstances. The court concluded that an award of R190 000 for general dam…
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Mankgela v Road Accident Fund (6321/2021) [2024] ZALMPPHC 143 (11 October 2024)
Default judgment in a Road Accident Fund claim awarded R3 million for loss of earnings, with general damages postponed sine die after uncontested expert evidence.
Lekote v Road Accident Fund (2016/33357) [2024] ZAGPJHC 1000 (8 October 2024)
The court awarded a dentist R1,201,559.07 for loss of earnings after a motorcycle collision, rejecting his higher income claim and postponing general damages.
Mhlari v Road Accident Fund (4098/2020) [2024] ZALMPPHC 103 (5 September 2024)
The court found that the versions of both drivers were mutually destructive and evaluated the credibility of the witnesses and expert evidence. The court determined, based on the photographs of the accident scene and the final resting positions of the vehicles, that the plaintiff lost control of her vehicle due to the wet road and encroached into the insured driver's lane, causing the collision. However, the insured driver also failed to avoid the accident when he could have done so by exercising reasonable care, particularly as he was aware of the dangerous road conditions. Both drivers were…
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Shongwe v Road Accident Fund (589/2021) [2024] ZAMPMBHC 41 (12 June 2024)
The High Court held the Road Accident Fund 100% liable after finding the plaintiff credible and rejecting contributory negligence, with quantum postponed.
Frandsen v Road Accident Fund (2018/85633) [2024] ZAGPJHC 442 (6 May 2024)
The High Court granted leave to appeal against dismissal of a Road Accident Fund damages claim, finding reasonable prospects that another court may reach a different conclusion.
Masango v Road Accident Fund (1791/21) [2024] ZAMPMHC 25 (25 April 2024)
The court found that the plaintiff and his witness provided credible and uncontested evidence that the insured driver of the Sprinter negligently caused the accident by attempting to squeeze between the plaintiff's vehicle and a bus, forcing the plaintiff to swerve and lose control. The defendant failed to present any evidence to the contrary and did not successfully challenge the credibility of the plaintiff's witnesses. The court held that even if minor contradictions existed, they were not material enough to affect the outcome. The principle of res ipsa loquitur, as argued by the defendant…
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