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South Africa decisions
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Kotze v Road Accident Fund (16725/2022) [2025] ZAWCHC 303 (24 July 2025)
The High Court held the Road Accident Fund solely liable after finding the insured driver negligently turned into the road without keeping a proper lookout.
Erasmus v Road Accident Fund (A2024/039000) [2025] ZAGPJHC 346 (25 March 2025)
The High Court held that the appellant was solely responsible for a motorcycle collision and dismissed his appeal against a 50% apportionment.
Reinhardt Transport Group (Pty) Ltd v Langa Geotechnical Services (Pty) Ltd (A08/2024) [2025] ZAMPMBHC 16 (20 March 2025)
The trial court erred in finding that the appellant failed to prove locus standi. The evidence established that the appellant was the registered owner of the vehicle, and there was no challenge to its title or authenticity of the registration certificate. Even if ownership was doubted, the appellant was at least a bona fide possessor, entitled to recover damages. The respondent failed to adduce any evidence to refute the appellant's version of the collision, which was caused by the respondent's driver's negligence. The appellant's expert evidence on quantum was uncontested, and the amount cla…
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Colt Transport Services CC v STA Wheels CC and Another (2411/2022) [2025] ZAFSHC 70 (10 March 2025)
The High Court held that a stationary truck on a dark highway was negligently left without adequate warning, making the defendant solely liable for the collision.
Makanyoga General Business Enterprises CC v P and J Swift Transport (88693/16) [2024] ZAGPPHC 1302 (29 November 2024)
The court found that the defendant's driver was negligent for leaving the truck stationary and protruding into the public road without placing a warning triangle or activating hazard lights, as required by the National Traffic Regulations. This failure created a danger for other road users, including the plaintiff's driver. However, the plaintiff's driver was also found to be negligent for not braking or taking sufficient evasive action upon seeing the stationary truck from a considerable distance, instead relying on the assumption that he could pass after the oncoming van had cleared. The co…
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Botha v Road Accident Fund (A154/2023) [2024] ZAGPPHC 1200 (28 November 2024)
The High Court upheld an appeal where the plaintiff’s unchallenged evidence sufficiently proved a rear-end collision and negligence, despite no corroborating evidence.
Novukela v Road Accident Fund (3160/2020) [2024] ZAECMHC 101 (17 September 2024)
The High Court held the Road Accident Fund liable after finding the plaintiff’s unchallenged evidence proved negligent driving caused the collision. Quantum was postponed.
Schade v Road Accident Fund (2198/2020) [2024] ZAECMKHC 80 (30 July 2024)
The court found the plaintiff and his witness to be credible and reliable, providing a clear and consistent account of the collision. The insured driver's evidence was riddled with contradictions, inconsistencies, and was adapted during the trial, undermining his credibility. The physical evidence of damage to the vehicles supported the plaintiff's version. The court concluded that the insured driver failed to keep the plaintiff's vehicle under observation while overtaking and did not leave a sufficient berth, amounting to negligence. The plaintiff did not encroach on the insured driver's lan…
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Sekhu v Makhathini and Another (A311/2023) [2024] ZAGPPHC 687 (22 July 2024)
Appeal dismissed in a motor collision damages case; the High Court upheld the trial court’s finding that the appellant failed to prove negligence.
Enloguard CC t/a MJ Energy v Marisys (Pty) Ltd t/a Sathala Logistics and Another (2842/2019) [2024] ZAMPMHC 34 (30 May 2024)
High Court delict claim from a truck collision dismissed: the court found the plaintiff’s driver solely caused the crash by failing to slow or stop in time.
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