South Africa Case Law

Maredi v Road Accident Fund (69713/18)

Maredi v Road Accident Fund (69713/18) [2025] ZAGPPHC 641 (20 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

69713/18

Judge

GN Moshoana

The court found that the plaintiff, employed as a shift commander, performs predominantly office-bound duties and is assisted by a team of ten employees. The evidence from the employer indicated that the plaintiff's work progression was not negatively affected and that he remained eligible for promotion to station manager. The 10% loss of work capacity identified by the Orthopaedic Surgeon related to carrying heavy objects, which was relevant to his previous role as a fire fighter, not his current or future roles. There was no evidence that the plaintiff was a vulnerable employee at risk of d…

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• Road Accident Fund Act
• Loss Of Earning Capacity
• Quantum Of Damages
• Expert Evidence
• Patrimonial Loss

D.W.T obo L.T v Road Accident Fund (6520/22)

D.W.T obo L.T v Road Accident Fund (6520/22) [2025] ZAGPPHC 662 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

6520/22

Judge

Moshoana

The court found that the minor child sustained only minor bruises to the face, with no objective evidence of head injury or neurocognitive deficits. The expert opinions presented by the applicant were speculative, illogical, and unsupported by the hospital records and academic performance. The minor child progressed satisfactorily through school, and there was no evidence of permanent cognitive or scholastic deficits. The plaintiff failed to discharge the onus of proof that the injuries affected the minor child's earning capacity or would result in patrimonial loss. The court rejected the exp…

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• Loss Of Earning Capacity
• Onus Of Proof
• Expert Evidence
• Causation
• Patrimonial Loss

Basson v Road Accident Fund (5213/2021)

Basson v Road Accident Fund (5213/2021) [2025] ZAWCHC 229 (30 May 2025)

Court

Western Cape High Court, Cape Town

Case number

5213/2021

Judge

Salie

The court found that the plaintiff is entitled to recover past hospital and medical expenses from the Road Accident Fund, including those paid by her medical aid scheme, Discovery Health. The defendant's reliance on the Medical Schemes Act and section 19(d)(i) of the RAF Act was rejected, as the contractual arrangement between the plaintiff and Discovery Health to reimburse the scheme upon recovery from the RAF is valid and enforceable. The court emphasized that the RAF Act is compensatory in nature and aims to restore the plaintiff to her pre-accident financial position. The provisions of th…

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• Road Accident Fund Act
• Medical Schemes Act
• Prescribed Minimum Benefits
• Double Compensation
• Subrogation
• Patrimonial Loss

Ntandoyenkosi v Road Accident Fund (2023/116432)

Ntandoyenkosi v Road Accident Fund (2023/116432) [2025] ZAGPJHC 466 (12 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/116432

Judge

T J Makgate

The court found that the plaintiff's own evidence demonstrated contributory negligence, as she admitted to crossing a busy road at an unsafe point during peak traffic, disregarding her own safety. The authority cited by the plaintiff, Fox v RAF, was distinguished on the facts, as in that case the plaintiff's conduct was not negligent, whereas here the plaintiff admitted to conduct below the standard of a reasonable person. The Road Accident Fund's failure to lead evidence did not override the plaintiff's admissions. Regarding patrimonial loss, the court found that the plaintiff did not attemp…

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• Leave To Appeal
• Contributory Negligence
• Road Accident Claims
• Patrimonial Loss
• Prospects Of Success

Brits v Road Accident Fund (54415/2018)

Brits v Road Accident Fund (54415/2018) [2025] ZAGPPHC 417 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

54415/2018

Judge

Strijdom

Unopposed RAF claim arising from a motorcycle collision. The High Court awarded damages for medical expenses and loss of earnings, and ordered an undertaking for future medical costs.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Contingency Deductions
• Patrimonial Loss
• Sympathetic Employment
• Road-accident-fund

Kuhn v Road Accident Fund (1846/2021)

Kuhn v Road Accident Fund (1846/2021) [2025] ZAFSHC 28 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

1846/2021

Judge

Nemavhidi, AJ

The Court found that the Plaintiff failed to discharge the onus of proving that the accident or resulting injuries caused a loss of earning capacity or future earnings to the extent claimed. The evidence showed that the Plaintiff continued to operate his business, perform quotations, and utilize subcontractors as he did prior to the accident. The reduction in income was influenced by external factors, including increased business expenses and the Covid-19 pandemic, rather than solely by the accident. The Plaintiff's actuarial calculations assumed cessation of income, which was contradicted by…

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• Road Accident Fund Act
• Loss Of Earning Capacity
• Medical Expenses
• Patrimonial Loss

J.M obo N.M v Road Accident Fund (2020/8356)

J.M obo N.M v Road Accident Fund (2020/8356) [2024] ZAGPJHC 1075 (18 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/8356

Judge

Thupaatlase

The court found that the RAF's internal directive excluding medical aid payments from compensation was unlawful and inconsistent with section 17 of the Road Accident Fund Act, as confirmed by binding precedent. The plaintiff was entitled to proven past hospital and medical expenses. The plaintiff's expert evidence regarding future medical expenses was unchallenged, and the court accepted the need for ongoing conservative treatment and surgical procedures. However, the court held that the plaintiff failed to discharge the onus of proving a diminution in the minor child's patrimony regarding lo…

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• Road Accident Fund Act
• Loss Of Earning Capacity
• Medical Expenses
• Aquilian Action
• Expert Evidence
• Patrimonial Loss

Rensburg and Another v Cilliers (1705/2021)

Rensburg and Another v Cilliers (1705/2021) [2024] ZAFSHC 290 (20 September 2024)

Court

Free State High Court, Bloemfontein

Case number

1705/2021

Judge

JP Daffue

The court held that the exception must be dismissed. The facts pleaded in the special plea must be accepted as true for purposes of the exception. The plaintiffs' debt became due when the child was conceived or when patrimonial loss was first incurred, not only at birth. The authorities support the view that the cause of action is complete as soon as some damage is suffered, and all damages, whether already sustained or prospective, must be claimed in one action. The plaintiffs were aware of the relevant facts by 30 January 2018 and should have instituted action within three years from that d…

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• Extinctive Prescription
• Patrimonial Loss
• Wrongful Pregnancy
• Once And For All Rule
• Exception Procedure

Z.P.M v Road Accident Fund (29281/22)

Z.P.M v Road Accident Fund (29281/22) [2024] ZAGPPHC 421 (6 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

29281/22

Judge

GN Moshoana

The High Court dismissed a Road Accident Fund claim for loss of earning capacity, finding the expert reports speculative and unsupported by objective proof.

• Loss Of Earning Capacity
• Expert Evidence
• Quantum Of Damages
• Default Judgment
• Patrimonial Loss
• Loss-of-earning-capacity

C.V.Z v Road Accident Fund (2867/2013)

C.V.Z v Road Accident Fund (2867/2013) [2023] ZAFSHC 345 (25 August 2023)

Court

Free State High Court, Bloemfontein

Case number

2867/2013

Judge

Daniso

The High Court accepted the plaintiff’s expert evidence on loss of income, approved her proposed contingency deductions, and referred the matter for actuarial recalculation.

• Road Accident Fund Act
• Loss Of Earnings
• Contingency Deductions
• Patrimonial Loss
• Expert Evidence
• Road-accident-fund