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South Africa Case Law

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Delict [2025] ZAFSHC 100

Moleofi v Road Accident Fund (5172/2018)

Moleofi v Road Accident Fund (5172/2018) [2025] ZAFSHC 100 (19 March 2025)

The court held the Road Accident Fund 100% liable after finding that an unidentified vehicle struck a pedestrian on a bridge walkway and that the plaintiff was not contributorily negligent.

  • Road Accident Fund Act
  • Negligence
  • Pedestrian Injury
  • Onus Of Proof
  • Apportionment Of Damages
  • Road-accident-fund
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Delict [2021] ZAGPJHC 868

Pretorius v Road Accident Fund (20663/2016)

Pretorius v Road Accident Fund (20663/2016) [2021] ZAGPJHC 868 (12 July 2021)

The court found the Road Accident Fund liable for a pedestrian collision on a Johannesburg sidewalk and held that no contributory negligence was proved.

  • Road Accident Fund Act
  • Negligence
  • Pedestrian Injury
  • Onus Of Proof
  • Contributory Negligence
  • Road-accident-fund
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Delict [2020] ZAGPJHC 194

T M obo O M v Road Accident Fund (20662/2016)

T M obo O M v Road Accident Fund (20662/2016) [2020] ZAGPJHC 194 (13 May 2020)

The High Court found the Road Accident Fund 100% liable for a minor pedestrian’s injuries after a default merits hearing and postponed quantum.

  • Road Accident Fund Act
  • Negligence
  • Liability Of Motorists
  • Pedestrian Injury
  • Onus Of Proof
  • Road-accident-fund
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Delict [2020] ZAGPJHC 98

Coopi v Road Accident Fund (2018/13206)

Coopi v Road Accident Fund (2018/13206) [2020] ZAGPJHC 98 (29 April 2020)

The court found the plaintiff to be a credible witness despite minor confusion and memory lapses. Her account of being struck by an unidentified vehicle was consistent and not contradicted by any evidence. The defendant failed to call any witnesses or provide evidence to refute the plaintiff's version. The court held that the plaintiff had established on a balance of probabilities that the collision occurred and that her injuries were caused by the negligent conduct of the unidentified driver, who failed to stop at a stop street and keep a proper lookout for pedestrians. Accordingly, the defe…

  • Road Accident Fund Claim
  • Negligence
  • Pedestrian Injury
  • Absolution From The Instance
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Delict [2010] ZAGPPHC 571

Mogoje and Another v Road Accident Fund (17700/2008)

Mogoje and Another v Road Accident Fund (17700/2008) [2010] ZAGPPHC 571 (15 February 2010)

The High Court held the Road Accident Fund liable for 100% of proven or agreed damages after accepting eyewitness evidence that the driver negligently caused a pedestrian collision.

  • Road Accident Fund Liability
  • Negligence
  • Motor Vehicle Accident
  • Pedestrian Injury
  • Road-accident-fund-liability
  • Motor-vehicle-accident
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Delict [1986] ZASCA 87

Swanepoel v City Council of Johannesburg (93/86)

Swanepoel v City Council of Johannesburg (93/86) [1986] ZASCA 87 (4 September 1986)

Appeal against absolution from the instance dismissed in a pedestrian-injury delict claim against the City Council of Johannesburg.

  • Negligence
  • Onus Of Proof
  • Pedestrian Injury
  • Absolution From The Instance
  • Absolution-from-the-instance
  • Pedestrian-injury
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.