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South Africa decisions
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Langison v Road Accident Fund (Leave to Appeal) (20132/2021) [2025] ZAGPJHC 696 (17 July 2025)
Leave to appeal was dismissed in a Road Accident Fund matter after the court found no reasonable prospects of success on the general damages award.
Shayimbvu v Road Accident Fund (039384/22) [2025] ZAGPPHC 701 (30 June 2025)
The High Court dismissed a Road Accident Fund claim for loss of earning capacity, finding the plaintiff failed to prove a serious, work-limiting injury.
N.I.N obo B.N v Road Accident Fund (19817/18) [2025] ZAGPPHC 658 (9 June 2025)
The court found that there was no credible evidence that the injured minor child sustained a head injury during the motor vehicle accident. The expert opinions presented were based on unreliable history provided by the claimant and unsupported by contemporaneous medical records. The neurosurgeon and neurologist relied on photographs and the claimant's account, which were not corroborated by clinical findings. The occupational therapist's conclusions regarding work limitations were similarly unsupported, as the orthopaedic surgeon found no impairment affecting future employability. The educati…
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Ringane v Road Accident Fund (Leave to Appeal) (31655/2022) [2025] ZAGPPHC 266 (17 March 2025)
The High Court granted leave to appeal only on apportionment of liability in a Road Accident Fund matter, finding the trailer finding unsupported, but upheld the contingency deductions.
Botha N.O obo Mienie v Road Accident Fund (4933/2021) [2025] ZAWCHC 56 (19 February 2025)
High Court RAF quantum judgment awarding R4,243,540 for loss of earnings after applying 5% past and 30% future contingencies.
Mokalapa v Ramushu Mashile Twala Inc (83874/2015) [2025] ZAGPPHC 40 (20 January 2025)
The High Court dismissed a legal-negligence claim against attorneys over an RAF settlement, finding the plaintiff refused further assessment, knew the settlement was low, and the claim had prescribed.
Moeketsi v Road Accident Fund (959/2023) [2024] ZAFSHC 411 (24 December 2024)
The High Court dismissed RAF special pleas, holding the claimant substantially complied with section 24 despite missing documents said to affect only quantum.
Mashele v Gildenhuys Malatji Attorneys and Others (2024-118227) [2024] ZAGPPHC 1128 (13 November 2024)
Urgent motion struck off the roll for failure to justify urgency under Rule 6(12); applicant’s attorneys were ordered to pay certain costs de bonis propriis.
Noortman v Road Accident Fund (A40/2023) [2024] ZAMPMBHC 76 (28 October 2024)
The High Court upheld an appeal against refusal to correct RAF identity details, finding the court a quo went beyond the papers and made unsupported fraud findings.
Raseyalo v Road Accident Fund (958/2023) [2024] ZAFSHC 150 (1 July 2024)
The court found that Board Notice 271 of 2022, issued under Regulation 7(1) of the Road Accident Fund Regulations, is invalid and unlawful following the Full Bench decision in Mautla and Others v Road Accident Fund and Others. Regulation 7(1) was declared unconstitutional and set aside, and any Board Notices issued under its authority have no legal effect. The Defendant cannot rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim. The Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act, and the Defendant's special pleas based on non-…
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