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South Africa decisions
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Nxumalo v Road Accident Fund (87438/2023) [2025] ZAGPJHC 397 (27 March 2025)
The court granted Rule 38(2) and Rule 33(4) applications, separated liability from quantum, and held the Road Accident Fund liable for 80% of proven damages.
Botsane obo Mandlathi v Road Accident Fund (107493/2023) [2025] ZAGPJHC 294 (25 February 2025)
The High Court granted a 70% liability order, postponed general damages sine die, and dismissed future loss of income for lack of actuarial evidence.
Makosa v Road Accident Fund (002641/2024) [2025] ZAGPJHC 201 (14 February 2025)
The High Court granted a Rule 38(2) application, awarded loss-of-income damages after a 50% contingency deduction, and postponed general damages sine die.
Nhlapo v Road Accident Fund (22151/17) [2024] ZAGPJHC 1272 (11 December 2024)
The High Court dismissed a claim for past and future loss of earning capacity after finding no reliable proof of pre-accident income, but awarded general damages.
Dlamini v Road Accident Fund (062350/2024) [2024] ZAGPJHC 1310 (4 December 2024)
The High Court granted leave to lead evidence under Rule 38(2) but refused default judgment because the papers conflicted and the negligence issue was unexplained.
Bester obo C & E.N v Road Accident Fund (3200/2019) [2024] ZAECMKHC 67 (30 May 2024)
The court exercised its discretion under Rule 38(2) to allow evidence of past hospital and medical expenses to be adduced by affidavit, as the defendant did not oppose this method and the evidence was undisputed. The court found that payment of medical expenses by a medical aid scheme does not absolve the defendant of liability to the plaintiff. The principle of res inter alios acta applies, meaning the defendant cannot benefit from payments made by third parties such as medical aids. The plaintiff is entitled to recover the expenses from the defendant and is obliged to reimburse the medical…
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