South Africa Case Law

Annelie Agenbach v Road Accident Fund (2053/2022)

Annelie Agenbach v Road Accident Fund (2053/2022) [2025] ZAFSHC 193 (25 June 2025)

Court

Free State High Court, Bloemfontein

Case number

2053/2022

Judge

Chesiwe

The Plaintiff was driving in an unfamiliar area and failed to exercise proper caution and lookout when approaching and entering the intersection. Although she looked both ways, she did not see the bus until it was too late, and her children alerted her to its presence. The Plaintiff conceded under cross-examination that she did not have a proper lookout. The Defendant did not call any witnesses or file expert reports, and the matter proceeded as a default judgment on the merits. The Court found that the Plaintiff was negligent in failing to keep a proper lookout and exercise the duty of care…

Source excerpt

• Negligence
• Road Accident Fund Claim
• Apportionment Of Fault
• Bodily Injury Compensation

K.J.L v Road Accident Fund (60003/21)

K.J.L v Road Accident Fund (60003/21) [2025] ZAGPPHC 700 (24 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

60003/21

Judge

Mooki

The High Court granted absolution from the instance on the plaintiff’s future loss of earnings claim, finding the evidence did not prove accident-caused unemployability.

• Loss Of Earning Capacity
• Quantification Of Damages
• Road Accident Fund Claim
• Contingency Deductions
• Loss-of-earning-capacity
• Quantification-of-damages

Moose v W Van Der Schyff Attorneys (15982/2021)

Moose v W Van Der Schyff Attorneys (15982/2021) [2025] ZAWCHC 266 (23 June 2025)

Court

Western Cape High Court, Cape Town

Case number

15982/2021

Judge

F S G Sievers

The High Court held an attorney liable for allowing a Road Accident Fund claim to prescribe after being mandated to pursue it timeously.

• Professional Negligence
• Breach Of Mandate
• Road Accident Fund Claim
• Prescription
• Duty Of Care
• Professional-negligence

Gasa v Road Accident Fund (35348/21)

Gasa v Road Accident Fund (35348/21) [2025] ZAGPPHC 618 (17 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

35348/21

Judge

Pienaar

The court found that both the insured driver and the plaintiff were negligent. The insured driver failed to keep a proper lookout and did not observe the plaintiff approaching from behind before making a U-turn. The plaintiff, however, also failed to keep a proper lookout or was driving too fast, as he did not avoid the collision despite having the opportunity to do so. Applying the Apportionment of Damages Act, the court determined that the defendant (Road Accident Fund) should be liable for 75% of the plaintiff's proven damages, with the plaintiff bearing 25% responsibility for the accident…

Source excerpt

• Road Accident Fund Claim
• Negligence
• Apportionment Of Liability
• Contributory Negligence

L.M obo T.C.M v Road Accident Fund (Appeal) (A36/2023)

L.M obo T.C.M v Road Accident Fund (Appeal) (A36/2023) [2025] ZAGPPHC 560 (27 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A36/2023

Judges

Kooverjie, Mlambo, Strijdom

Appeal upheld in a Road Accident Fund matter, with the minor plaintiff awarded damages for future loss of earnings and a trust ordered to protect the award.

• Road Accident Fund Claim
• Loss Of Earnings
• Expert Evidence
• Quantum Of Damages
• Contingency Deductions
• Road-accident-fund

Ackerman v Road Accident Fund (34965/2021)

Ackerman v Road Accident Fund (34965/2021) [2025] ZAGPPHC 472 (6 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

34965/2021

Judge

MPN Mbongwe

The High Court refused to include R69,000 flight costs in past medical expenses because the plaintiff did not prove the claim had been submitted to the Road Accident Fund.

• Default Judgment
• Road Accident Fund Claim
• Past Medical Expenses
• Proof Of Submission
• Road-accident-fund
• Default-judgment

Mahlalela v Road Accident Fund (14395/2021)

Mahlalela v Road Accident Fund (14395/2021) [2025] ZAGPPHC 442 (15 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

14395/2021

Judge

Suder

Default judgment was refused in a Road Accident Fund claim after the court found inconsistent accident evidence and unreliable, outdated expert support for future loss of earnings.

• Road Accident Fund Claim
• Default Judgment
• Loss Of Earning Capacity
• Expert Evidence
• Negligence
• Quantification Of Damages

Yende v Road Accident Fund (2020/3662)

Yende v Road Accident Fund (2020/3662) [2025] ZAGPJHC 350 (1 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/3662

Judge

Cajee

Default judgment was granted for a Road Accident Fund plaintiff after the court assessed expert evidence and awarded damages for past and future loss of earnings.

• Road Accident Fund Claim
• Loss Of Earning Capacity
• Quantum Of Damages
• Contingency Deductions
• Expert Evidence
• Road-accident-fund

Capasana v Road Accident Fund (5876/2022)

Capasana v Road Accident Fund (5876/2022) [2025] ZAFSHC 82 (11 March 2025)

Court

Free State High Court, Bloemfontein

Case number

5876/2022

Judge

Van Zyl

High Court damages judgment in a Road Accident Fund claim: the court accepted proof of loss of earnings, postponed general damages, and ordered costs.

• Loss Of Earnings
• Contingency Deductions
• Road Accident Fund Claim
• Quantum Of Damages
• Loss-of-earnings
• Contingency-deductions

Malothe v Road Accident Fund (4294/2021)

Malothe v Road Accident Fund (4294/2021) [2025] ZAGPJHC 295 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

4294/2021

Judge

Weideman

The High Court granted the plaintiff’s Rule 38(2) application and awarded R2,728,872 for future loss of income and impaired earning capacity, plus costs.

• Road Accident Fund Claim
• Future Loss Of Earnings
• Impairment Of Earning Capacity
• Contingency Deductions
• Road-accident-fund
• Future-loss-of-earnings