Makgati v Road Accident Fund (7316/2022)
Makgati v Road Accident Fund (7316/2022) [2025] ZALMPPHC 27 (12 February 2025)
The court found that the plaintiff's claim was lodged within the prescribed three-year period, but the summons was issued outside the five-year period stipulated by section 23(3) of the RAF Act. However, the court held that section 23 is not applicable to the contractual claims instituted by the plaintiff, as both parties misconceived the basis of the claims in the pleadings. The special plea based on prescription under section 23 was therefore dismissed. The court emphasized that the RAF's failure to process the claim to completion and inform the plaintiff of prescription was to be deprecate…
Source excerpt
- Prescription Under Raf Act
- Road Accident Claims
- Special Plea
- Section 23 Raf Act
- Duty Of Care By Raf