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South Africa decisions
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Jaffer v Road Accident Fund (8418/2020; 4092/2021) [2025] ZAWCHC 136 (20 March 2025)
The High Court held that RAF must pay past medical expenses even where medical aid already covered most of the costs, and awarded the proven amounts with interest and costs.
Esack N.O v Road Accident Fund [2025] ZAWCHC 27; 2025 (4) SA 201 (WCC) (4 February 2025)
The court held that the defendant is liable to compensate the plaintiff for past hospital and medical expenses paid by the deceased's medical aid scheme. The majority judgment in Discovery Health did not alter the established legal position, as it did not decide the deductibility of medical aid payments and cannot override Supreme Court of Appeal authority. The principle of res inter alios acta remains applicable, and payments by medical aid schemes, even for prescribed minimum benefits or emergency medical conditions, are not deductible from the plaintiff's claim against the Road Accident Fu…
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Moeketsane Patrick Marasi v Road Accident Fund (164/2021) [2024] ZAFSHC 262 (30 August 2024)
The court held the Road Accident Fund liable for past medical expenses paid by the plaintiff’s medical aid and awarded R76,997.14.
Bezuidenhout v Road Accident Fund (1284/2012) [2024] ZAFSHC 224 (1 August 2024)
The court held the Road Accident Fund liable for past medical expenses already paid by the plaintiff’s medical aid, applying res inter alios acta and granting costs.
Road Accident Fund v Sheriff of the High Court for the District of Centurion East and Another (122825/2023) [2024] ZAGPPHC 149 (19 February 2024)
The court held that the RAF's argument for a stay of execution is untenable and contrary to binding precedent. The legal relationships between claimants, medical schemes, and the RAF ensure that double compensation does not occur, as claimants are contractually obliged to reimburse their medical schemes upon receipt of payment from the RAF. Section 19(d)(i) of the RAF Act does not exclude liability for past medical expenses paid by medical schemes, as these agreements are insurance contracts, not champertous arrangements. The Supreme Court of Appeal in RAF v Abdool-Carrim and subsequent cases…
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S.J.J.W v Road Accident Fund (19574/2017) [2023] ZAWCHC 25 (8 February 2023)
The court held the Road Accident Fund must pay past medical expenses even though a medical aid scheme had already paid them, and confirmed the August 2022 directive was unlawful.
Coughlan N.O. v Road Accident Fund (CCT160/14) [2015] ZACC 9; 2015 (4) SA 1 (CC); 2015 (6) BCLR 676 (CC) (20 April 2015)
The Constitutional Court held that foster child grants are not deductible from compensation for loss of support payable to foster children under the Road Accident Fund Act. The grants are paid to foster parents as part of the state's constitutional obligation to provide social assistance to children in need of care, regardless of the cause of need. The nature and purpose of foster child grants differ fundamentally from compensation for loss of support, which is intended to replace the material support lost due to the death of a breadwinner. Foster child grants are not predicated on the death…
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Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013)
The court found that foster care grants are paid to foster parents to enable them to comply with their obligations to the child, and the child has no direct claim to the grant. The grant is not automatically triggered by the death of the breadwinner but rather by the need for care, which may exist independently of the death. The foster care grant is distinct from a child support grant, both in its purpose and administration. The foster care grant lapses upon the death of the foster parent, not the child, and is not paid directly to the child. The court held that, in the circumstances of this…
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Makhuvela obo H v Road Accident Fund (2007/19277) [2009] ZAGPJHC 18; 2010 (1) SA 29 (GSJ) (26 May 2009)
The court held that a foster child grant paid to the grandmother was res inter alios acta and not deductible from agreed loss-of-support damages.
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