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South Africa Case Law

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Civil Procedure [2025] ZALMPPHC 27

Makgati v Road Accident Fund (7316/2022)

Makgati v Road Accident Fund (7316/2022) [2025] ZALMPPHC 27 (12 February 2025)

Court
Limpopo High Court, Polokwane
Case number
7316/2022
Judge
Muller

The court found that the plaintiff's claim was lodged within the prescribed three-year period, but the summons was issued outside the five-year period stipulated by section 23(3) of the RAF Act. However, the court held that section 23 is not applicable to the contractual claims instituted by the plaintiff, as both parties misconceived the basis of the claims in the pleadings. The special plea based on prescription under section 23 was therefore dismissed. The court emphasized that the RAF's failure to process the claim to completion and inform the plaintiff of prescription was to be deprecate…

Source excerpt

  • Prescription Under Raf Act
  • Road Accident Claims
  • Special Plea
  • Section 23 Raf Act
  • Duty Of Care By Raf
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Civil Procedure [2023] ZAFSHC 457

Majake v Road Accident Fund (4722/2019)

Majake v Road Accident Fund (4722/2019) [2023] ZAFSHC 457 (20 November 2023)

Court
Free State High Court, Bloemfontein
Case number
4722/2019
Judge
Van Rhyn

The court held that the plaintiff's claim against the Road Accident Fund was governed by section 23 of the RAF Act, which requires that summons be issued and served within five years from the date the cause of action arose. Although the plaintiff lodged his claim timeously and issued summons in the regional court within the prescribed period, the subsequent summons in the high court was issued after the five-year period had expired. The court found that the RAF Act does not provide for interruption of prescription by proceedings in the wrong forum, distinguishing the present matter from cases…

Source excerpt

  • Prescription Under Raf Act
  • Lis Alibi Pendens
  • Road Accident Fund Claims
  • Forum Jurisdiction
  • Quantum Of Damages
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.