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Civil Procedure [2021] ZAGPPHC 720

Ntsimane v Road Accident Fund (A469/17)

Ntsimane v Road Accident Fund (A469/17) [2021] ZAGPPHC 720 (22 October 2021)

The High Court dismissed an appeal against a regional court ruling that upheld prescription in a Road Accident Fund claim involving an unidentified driver.

  • Prescription
  • Road Accident Fund Act
  • Unidentified Driver Claims
  • Regulation 2 1 B
  • Road-accident-fund
  • Unidentified-driver-claims
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Delict [2018] ZAGPPHC 661

Jones v Road Accident Fund (33711/2016)

Jones v Road Accident Fund (33711/2016) [2018] ZAGPPHC 661; 2019 (1) SA 514 (GP) (7 September 2018)

The court held that for a claim to be adjudicated under section 17(1)(a) of the Road Accident Fund Act, the identity of the owner or driver of the specific vehicle whose driving caused the accident must be established on a balance of probabilities. In this case, the plaintiff identified a group of vehicles and their owners, but could not establish which specific vehicle caused the accident. Therefore, neither the driver nor the owner of the causative vehicle was established. The claim thus falls under section 17(1)(b) and is subject to the two-year prescription period. As the claim was lodged…

  • Road Accident Fund Act
  • Prescription
  • Identified Vs Unidentified Vehicle
  • Regulation 2 1 B
  • Causation
  • Statutory Interpretation
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