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South Africa decisions
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Mashilo v Road Accident Fund (164/24) [2025] ZAMPMHC 38 (12 August 2025)
The High Court admitted expert evidence on affidavit, awarded R440,758 for loss of future income, ordered a medical undertaking, and postponed general damages.
Ceyster v Road Accident Fund (5469/2020) [2025] ZAWCHC 343 (11 August 2025)
The High Court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages after finding an unidentified driver solely caused the collision.
Jere v Road Accident Fund (5843/2024) [2025] ZALMPPHC 149 (4 August 2025)
Default judgment partly granted in a Road Accident Fund claim. The court awarded R1,122,830 for loss of earnings, ordered an undertaking for future medical expenses, and postponed general damages.
S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)
The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discha…
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Marais v Road Accident Fund (2540/2021) [2025] ZAWCHC 324 (30 July 2025)
The High Court held the RAF liable for disputed accident-related medical expenses and ordered an unrestricted section 17(4)(a) undertaking for future care.
Hartman v Road Accident Fund (4363/2011) [2025] ZAWCHC 320 (30 July 2025)
The court found that the Plaintiff established on a balance of probabilities that the fatal collision was caused by a tyre abandoned on the roadway by an insured truck driver or owner. The evidence, though circumstantial, was credible and consistent, supported by independent witnesses who had no interest in the outcome. The Defendant failed to produce any evidence to the contrary and relied solely on denials and challenges to witness reliability, which were satisfactorily addressed. The court held that the truck driver or owner was negligent in failing to remove the tyre or warn other motoris…
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Chivambo v Road Accident Fund (2021/54368) [2025] ZAGPJHC 756 (29 July 2025)
High Court RAF quantum judgment awarding general damages and future medical expenses, but dismissing past and future loss of earnings for insufficient proof.
Andrews v Road Accident Fund (3606/2021) [2025] ZAWCHC 314 (29 July 2025)
The High Court awarded the plaintiff damages for loss of earning capacity and past medical expenses, and ordered a section 17(4)(a) undertaking.
P.N obo K.N.N v Road Accident Fund (2020/27135) [2025] ZAGPPHC 759 (28 July 2025)
High Court judgment on a minor’s future loss of earnings claim against the Road Accident Fund, with the court fixing quantum, contingencies, and trust protection.
K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)
The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages,…
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