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South Africa decisions
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Ceyster v Road Accident Fund (5469/2020) [2025] ZAWCHC 343 (11 August 2025)
The High Court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages after finding an unidentified driver solely caused the collision.
Mlonyeni v Eskom Holdings SOC Limited (2323/23) [2025] ZAECMHC 70 (31 July 2025)
The High Court dismissed a negligence claim against Eskom after finding the plaintiff failed to prove the fire was caused by the meter box or any breach of duty.
Hartman v Road Accident Fund (4363/2011) [2025] ZAWCHC 320 (30 July 2025)
The court found that the Plaintiff established on a balance of probabilities that the fatal collision was caused by a tyre abandoned on the roadway by an insured truck driver or owner. The evidence, though circumstantial, was credible and consistent, supported by independent witnesses who had no interest in the outcome. The Defendant failed to produce any evidence to the contrary and relied solely on denials and challenges to witness reliability, which were satisfactorily addressed. The court held that the truck driver or owner was negligent in failing to remove the tyre or warn other motoris…
Source excerpt
Flexicor Cables (Py) (Ltd) v Howard Woolf (2023/113646) [2025] ZAGPJHC 737 (28 July 2025)
The High Court dismissed Flexicor’s claim against an attorney over trust-account funds, holding that the founding papers failed to plead delict properly.
Rufuro N.O Executrix obo Estate Late Nyamutsahuni v Road Accident Fund (23457/2022) [2025] ZAGPPHC 751 (24 July 2025)
Default judgment in a Road Accident Fund claim was granted for past loss of earnings after the defendant’s late notice to defend was set aside as an abuse of process.
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.
Coetzee v Road Accident Fund (996/2021) [2025] ZAGPPHC 674 (7 July 2025)
The High Court held the Road Accident Fund 100% liable for a runner’s collision injuries and awarded R4,056,656 for past and future loss of earnings.
A.F.M. obo Minors v Road Accident Fund (17796/2022) [2025] ZAGPPHC 692 (7 July 2025)
The High Court dismissed a Road Accident Fund claim for loss of support, finding the plaintiff proved support rights but not negligence by another driver.
Meyer v Road Accident Fund (31809/22) [2025] ZAGPPHC 672 (4 July 2025)
The High Court refused default judgment against the Road Accident Fund, finding no credible proof that the plaintiff’s injuries were caused by negligent driving of an unidentified vehicle.
Moemise v Road Accident Fund (8386/21) [2025] ZAGPPHC 686 (3 July 2025)
The court found both the insured driver and the plaintiff negligent in a pedestrian road accident, apportioning liability 70% to the Road Accident Fund and 30% to the plaintiff.
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