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South Africa decisions
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Mahlangu v Road Accident Fund (26159/14) [2018] ZAGPPHC 312 (25 April 2018)
The High Court held that the plaintiff failed to comply with section 19(f) of the Road Accident Fund Act because no valid accident affidavit was submitted.
Manukha v Road Accident Fund (285/2016) [2017] ZASCA 21; 2017 (4) SA 453 (SCA) (24 March 2017)
The Supreme Court of Appeal held that the claim for non-pecuniary loss forms part of a unitary claim for compensation under the Road Accident Fund Act and does not constitute a separate and discrete claim. The late filing of the RAF4 form does not result in prescription of the claim for non-pecuniary loss, provided that the original claim (RAF1 form) was lodged and action was instituted within the statutory periods prescribed by s 23 of the Act. The regulations allow for the serious injury assessment report to be submitted separately, and there is no provision in the regulations for prescript…
Source excerpt
Mkoko v Road Accident Fund (1378/2012) [2017] ZAECELLC 3 (24 January 2017)
The court upheld a special plea of prescription, finding that the RAF 4 serious injury report was filed outside the five-year period required for a general damages claim.
Van Zyl v Road Accident Fund (34299/2009) [2012] ZAGPJHC 118 (11 June 2012)
The court held that an RAF 4 serious injury report is substantiation of a Road Accident Fund claim, not a separate claim, so general damages had not prescribed.
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