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South Africa decisions
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Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)
The High Court granted absolution from the instance in a Road Accident Fund claim after finding material contradictions about the vehicles involved and no reliable proof of liability.
Zulu v Road Accident Fund (2023/024137) [2025] ZAGPPHC 714 (10 July 2025)
The court held that the defendant, having been barred from delivering its plea, could not automatically re-enter the litigation or plead to the amended particulars of claim without a formal application to uplift the bar. The amendment of the plaintiff's claim did not constitute the introduction of new issues nor did it entitle the defendant to plead afresh. The only route available to the defendant was to apply for upliftment of the bar or for condonation, which was not done. Allowing automatic upliftment would undermine the plaintiff's rights and the court's discretion, and infringe the audi…
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S.P v Road Accident Fund (26723/2021) [2025] ZAGPPHC 706 (24 June 2025)
The court found that the plaintiff's injuries—a healed fracture of the left humerus and an unspecified head injury—did not justify the quantum claimed. The expert evidence did not demonstrate ongoing pain, disability, or loss of amenities of life. Comparisons to previous cases were not on all fours with the plaintiff's circumstances, and the plaintiff failed to provide up-to-date or supplementary expert reports substantiating his claim. The court exercised its discretion and determined that R350,000 constitutes just compensation for general damages in this matter.
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M.L obo T v Road Accident Fund (87135/2016) [2025] ZAGPPHC 654 (11 June 2025)
The High Court awarded a minor plaintiff R1,183,161.85 for future loss of earnings after accepting higher contingency deductions in a RAF claim.
Mafu v Road Accident Fund (054215/2022) [2025] ZAGPPHC 566 (5 June 2025)
The High Court found the Road Accident Fund liable for 100% of the plaintiff’s proven or agreed damages, with quantum postponed sine die.
Boroko v Road Accident Fund (2021/52359) [2025] ZAGPJHC 502 (26 May 2025)
High Court road accident claim involving a collision with a stationary vehicle on the N1. The court awarded the plaintiff 90% of proven damages, with 10% contributory negligence.
Mohamedamin obo Mohamed v Road Accident Fund (Reasons) (1363/2021) [2025] ZALMPPHC 100 (15 May 2025)
High Court granted absolution from the instance in a Road Accident Fund claim after finding no prima facie evidence of the insured driver’s negligence.
Howell v Road Accident Fund (2019/28805) [2025] ZAGPJHC 401 (23 April 2025)
The High Court found the Road Accident Fund trial was not ready to proceed because discovery was incomplete and a disputed police statement required a trial within a trial.
Ndumiso v Road Accident Fund (059779/2024) [2025] ZAGPJHC 405 (28 March 2025)
The court found that the plaintiff’s version of events was highly improbable when compared to the objective evidence, including the Officer’s Accident Report, photographs of the scene, and hospital records. The physical layout of the road, absence of houses, and the nature of the injury did not support the plaintiff’s account. The plaintiff, being a traffic warden, failed to provide a coherent and credible explanation for the circumstances of the accident. The court was not satisfied that the injury was caused by a motor vehicle accident as alleged, and the probabilities did not favour the pl…
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G.S.M obo O.K v Road Accident Fund (2153/2017) [2025] ZAFSHC 29 (6 February 2025)
The High Court awarded R800,000 in general damages to a minor injured in a motor vehicle accident, and ordered a curator ad litem to be appointed.
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