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South Africa decisions
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S S v Road Accident Fund (42384/14) [2017] ZAGPJHC 457 (3 November 2017)
The court dismissed a prescription special plea and held that the plaintiff’s late RAF 4 form did not bar a general damages claim where summons had been issued timeously.
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
Mokoena v Road Accident Fund (2010/38170) [2011] ZAGPJHC 201 (15 December 2011)
High Court held that RAF serious-injury assessment need not involve physical examination, and the delayed rejection of the RAF4 form was improper.
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