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South Africa Case Law

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Delict [2025] ZAGPPHC 682

Jose v Road Accident Fund (76402/2019)

Jose v Road Accident Fund (76402/2019) [2025] ZAGPPHC 682 (1 July 2025)

A pedestrian injured when a reversing vehicle struck him proved liability against the Road Accident Fund, but failed to prove loss of earnings.

  • Road Accident Fund
  • Negligence
  • Contributory Negligence
  • Loss Of Earning Capacity
  • Rule 38 Application
  • Road-accident-fund
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Civil Procedure [2025] ZAGPPHC 667

Nwayo v Road Accident Fund (13607/2022)

Nwayo v Road Accident Fund (13607/2022) [2025] ZAGPPHC 667 (30 June 2025)

The High Court refused default judgment against the Road Accident Fund because the plaintiff’s statutory affidavit was commissioned before the accident and could not be relied on.

  • Default Judgment
  • Commissioners Of Oaths Act
  • Motor Vehicle Accident
  • Affidavit Validity
  • Rule 38 Application
  • Default-judgment
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Delict [2025] ZAGPPHC 595

Gauche v Road Accident Fund (38422/15)

Gauche v Road Accident Fund (38422/15) [2025] ZAGPPHC 595 (30 May 2025)

The court found the RAF liable for proven damages from an unidentified taxi-driven collision, but dismissed the plaintiff’s loss of earnings claim as unproven.

  • Road Accident Fund Act
  • Quantification Of Damages
  • Loss Of Earning Capacity
  • Admissibility Of Expert Evidence
  • Rule 38 Application
  • Road-accident-fund
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Civil Procedure [2025] ZAGPJHC 245

Vilakazi v Road Accident Fund (448/2022)

Vilakazi v Road Accident Fund (448/2022) [2025] ZAGPJHC 245 (19 February 2025)

Default judgment in a Road Accident Fund claim. The court awarded future loss of income, ordered an unlimited medical undertaking, and postponed general damages.

  • Road Accident Fund
  • Future Loss Of Income
  • Contingency Deduction
  • Rule 38 Application
  • Section 17 Undertaking
  • Road-accident-fund
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Delict [2025] ZAGPJHC 187

Maluleka v Road Accident Fund (27736/2022)

Maluleka v Road Accident Fund (27736/2022) [2025] ZAGPJHC 187 (4 February 2025)

The High Court granted a Rule 38(2) application, held the Road Accident Fund 90% liable, and awarded R1,159,884 for loss of income, with general damages postponed.

  • Road Accident Fund Act
  • Apportionment Of Liability
  • Loss Of Income
  • Contingency Deductions
  • Rule 38 Application
  • Road-accident-fund
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Delict [2024] ZAGPPHC 915

Boshomane v Road Accident Fund (Reasons) (77531/2014)

Boshomane v Road Accident Fund (Reasons) (77531/2014) [2024] ZAGPPHC 915 (4 September 2024)

High Court reasons in a Road Accident Fund matter: the plaintiff succeeded on 70% merits, Rule 38(2) evidence by affidavit was allowed, and damages were assessed.

  • Road Accident Fund
  • Loss Of Earnings
  • General Damages
  • Rule 38 Application
  • Contingency Deductions
  • Road-accident-fund
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Civil Procedure [2021] ZAGPPHC 433

Zoolakha v G L Events Oasys Consortium and Another (19126/18)

Zoolakha v G L Events Oasys Consortium and Another (19126/18) [2021] ZAGPPHC 433 (18 June 2021)

The High Court allowed an elderly, ill plaintiff to record evidence on commission under Rule 38, while preserving the respondents’ procedural rights.

  • Evidence On Commission
  • Rule 38 Application
  • Virtual Hearings
  • Inherent Jurisdiction
  • Accommodation Of Litigants
  • Civil-procedure
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Civil Procedure [2021] ZAGPPHC 384

Ishmail v G L Events Oasys Consortium and Another (19126/18)

Ishmail v G L Events Oasys Consortium and Another (19126/18) [2021] ZAGPPHC 384 (18 June 2021)

The court granted an elderly plaintiff leave to record evidence on commission under Rule 38 because of ill-health, while preserving the respondents’ participation rights.

  • Evidence On Commission
  • Rule 38 Application
  • Virtual Hearings
  • Inherent Jurisdiction
  • Ubuntu Principle
  • Rule-38
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.