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South Africa decisions
Decisions matching the current search
Shayimbvu v Road Accident Fund (Leave to Appeal) (039384/22) [2025] ZAGPPHC 784 (30 July 2025)
The High Court dismissed a road accident claim for loss of earning capacity, finding the plaintiff failed to prove serious injury or diminished earning capacity.
Duduzile v Road Accident Fund (2760/2020) [2025] ZAMPMHC 32 (13 June 2025)
The High Court granted leave to appeal against dismissal of a Road Accident Fund claim, finding arguable prospects that another court may differ on the merits.
Nkosi v Road Accident Fund (4671/2023) [2025] ZAMPMBHC 46 (4 June 2025)
High Court held the plaintiff’s expert evidence on loss of future earnings was unsupported and not credible, granting absolution from the instance.
Ntandoyenkosi v Road Accident Fund (2023/116432) [2025] ZAGPJHC 466 (12 May 2025)
The court found that the plaintiff's own evidence demonstrated contributory negligence, as she admitted to crossing a busy road at an unsafe point during peak traffic, disregarding her own safety. The authority cited by the plaintiff, Fox v RAF, was distinguished on the facts, as in that case the plaintiff's conduct was not negligent, whereas here the plaintiff admitted to conduct below the standard of a reasonable person. The Road Accident Fund's failure to lead evidence did not override the plaintiff's admissions. Regarding patrimonial loss, the court found that the plaintiff did not attemp…
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Maseko obo Estate late Moerone v Road Accident Fund (42536/2021) [2025] ZAGPJHC 555 (29 April 2025)
The High Court awarded the deceased plaintiff’s estate R2,273.95 for past medical expenses and R300,000 for general damages, with adverse costs for delay.
Nxumalo v Road Accident Fund (87438/2023) [2025] ZAGPJHC 397 (27 March 2025)
The court granted Rule 38(2) and Rule 33(4) applications, separated liability from quantum, and held the Road Accident Fund liable for 80% of proven damages.
Makgati v Road Accident Fund (7316/2022) [2025] ZALMPPHC 27 (12 February 2025)
The court found that the plaintiff's claim was lodged within the prescribed three-year period, but the summons was issued outside the five-year period stipulated by section 23(3) of the RAF Act. However, the court held that section 23 is not applicable to the contractual claims instituted by the plaintiff, as both parties misconceived the basis of the claims in the pleadings. The special plea based on prescription under section 23 was therefore dismissed. The court emphasized that the RAF's failure to process the claim to completion and inform the plaintiff of prescription was to be deprecate…
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Kriel v Road Accident Fund (Leave to Appeal) (4477/2021) [2024] ZAGPJHC 1230 (28 November 2024)
The High Court refused leave to appeal in a Road Accident Fund matter, finding the applicant had not met the section 17 threshold.
Choane v Road Accident Fund (25807/2014) [2024] ZAGPJHC 1138 (7 November 2024)
The High Court awarded past loss of income but refused future loss claims after finding the expert evidence and earning-capacity projections insufficient.
Miazi v Road Accident Fund (1794/2020) [2024] ZALMPPHC 164 (4 November 2024)
The High Court awarded the plaintiff R4,907,086 for loss of earnings after accepting uncontested expert evidence on serious physical and cognitive injury.
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