Ntsimane v Road Accident Fund (A469/17) [2021] ZAGPPHC 720 (22 October 2021)
Court
North Gauteng High Court, Pretoria
Case number
A469/17
Judges
LI Vorster, M Mbongwej
The High Court dismissed an appeal against a regional court ruling that upheld prescription in a Road Accident Fund claim involving an unidentified driver.
Jones v Road Accident Fund (33711/2016) [2018] ZAGPPHC 661; 2019 (1) SA 514 (GP) (7 September 2018)
Court
North Gauteng High Court, Pretoria
Case number
33711/2016
Judge
E Van Der Schyff
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…