South Africa Case Law

D.A.R obo B.R v Road Accident Fund (394/2021)

D.A.R obo B.R v Road Accident Fund (394/2021) [2023] ZAFSHC 366 (26 September 2023)

Court

Free State High Court, Bloemfontein

Case number

394/2021

Judge

P E Molitsoane

The court found that the defendant had conceded liability and allowed the plaintiff to adduce expert evidence by affidavit under Rule 38(2), without cross-examination or rebuttal. The expert evidence established that the minor child sustained moderate traumatic brain injury, resulting in significant neurocognitive and neuropsychological deficits. While the defendant argued the child was not unemployable, the court held that the evidence supported a finding that the child would only be able to obtain vocational training and seek sheltered employment, with limited prospects in the open labour m…

Source excerpt

• Road Accident Fund Act
• Loss Of Earnings
• Expert Evidence
• Contingency Deductions
• Rule 38 Affidavit Evidence

Molefe v Road Accident Fund (22195/2018)

Molefe v Road Accident Fund (22195/2018) [2021] ZAGPPHC 583; 2022 (2) SA 461 (GP) (8 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

22195/2018

Judge

Manamela

The court refused default judgment in a Road Accident Fund matter, finding the plaintiff gave inadequate notice for interlocutory applications and had to comply with court directives.

• Default Judgment
• Rule 38 Affidavit Evidence
• Loss Of Earnings
• Contingency Deduction
• Raf Act Section 17
• Default-judgment

Madibeng Local Municipality v Public Investment Corporation Ltd (603/2017)

Madibeng Local Municipality v Public Investment Corporation Ltd (603/2017) [2018] ZASCA 93; 2018 (6) SA 55 (SCA) (1 June 2018)

Court

Supreme Court of Appeal

Case number

603/2017

Judges

Ponnan, Wallis, Willis, Plasket, Makgoka

The appeal concerned whether municipal loans were unenforceable for want of prior approval. The SCA held the loans were for repaying existing loans and were enforceable.

• Municipal Loans
• Local Government Ordinance
• Declaratory Relief
• Punitive Costs
• Rule 38 Affidavit Evidence
• Municipal-loans