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du Toit obo Mafanya v Road Accident Fund (A582/2015) [2016] ZAWCHC 128 (21 September 2016)
The court dismissed an appeal to set aside a RAF settlement, holding that the appellant failed to prove Mr Mafanya lacked legal capacity in October 2009.
Mothobi and Road Accident Fund and Another (A32/14) [2014] ZAGPPHC 602 (14 August 2014)
The court found that the medical evidence available at the time of settlement indicated the appellant suffered fairly severe injuries, which warranted a higher award for general damages than the R10,000 received. The absence of any apportionment and the concession of merits further supported the inadequacy of the settlement. The court held that the agreement was substantially prejudicial to the appellant and should be set aside, as the settlement failed to protect her interests as a minor.
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