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South Africa decisions
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Tshetlanyane v Road Accident Fund (2022/036615) [2025] ZAGPJHC 211 (6 March 2025)
High Court dismissed a Road Accident Fund interim-payment application, holding that an admission of negligence is not an admission of liability for damages under Rule 34A.
Ngcobo v Oelofse (22236/2013) [2023] ZAGPJHC 950; 2024 (1) SA 233 (GJ) (24 August 2023)
High Court interim-payment application in a personal injury claim. The court granted only a limited monthly medical-aid payment and refused the broader R650,000 request.
Mohlala and Another v Road Accident Fund ; Swart v Road Accident Fund (2018/32706; 2016/0042569) [2022] ZAGPJHC 849 (28 October 2022)
The applicants are not entitled to interim payment under Rule 34A for past medical expenses paid by their medical aid schemes. The authorities cited concern subrogation and do not address interim payment. The applicants did not plead subrogation or any cause of action entitling them to act as collecting agents for their medical aid schemes. Rule 34A requires applicants to set out grounds for relief beyond mere injury, payment by a medical scheme, and admission of liability by the Fund. Interim payment is intended to alleviate hardship pending trial, not to facilitate reimbursement to third pa…
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B.E.M v MEC For Health, Free State Provincial Government (104/2018) [2021] ZAFSHC 164 (12 August 2021)
The application for interim payment was dismissed due to the applicant's failure to comply with the peremptory requirements of Rule 34A and Rule 35(2), specifically the lack of attached documentary proof and expert reports supporting the claimed damages. The court found that the applicant's reliance on portions of expert reports without annexing them or referencing specific details did not satisfy the procedural requirements. Attempts to hand up affidavits at the hearing were rejected as prejudicial to the respondent and procedurally improper. The court held that the best interests of the chi…
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N.J v Member of the Executive Council (Health) Western Cape Provincial Government (15364/16) [2017] ZAWCHC 75 (3 July 2017)
The court held that Rule 34A does not permit an interim payment order in the absence of a written admission of liability or a judgment for damages to be determined. The Plaintiff failed to satisfy these jurisdictional requirements. The mere failure of the Defendant to file a Notice of Intention to Defend within the prescribed period does not amount to an admission of liability. The court rejected the Plaintiff's argument for a disjunctive interpretation of Rule 34A and found that such an approach would be inconsistent with the ordinary principles of statutory interpretation and would unfairly…
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Liesching v Maree (CA338/2011) [2012] ZAECGHC 88 (16 November 2012)
High Court appeal against summary judgment succeeded after the court found a bona fide defence and held that the absence of magistrate’s reasons did not bar the appeal.
Harmse v Road Accident Fund (63149/09) [2010] ZAGPPHC 11 (24 February 2010)
The High Court held that a without-prejudice settlement offer was not a written admission of liability under Rule 34A, so interim payment was refused.
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