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South Africa decisions
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Mafu v Road Accident Fund (054215/2022) [2025] ZAGPPHC 566 (5 June 2025)
The High Court found the Road Accident Fund liable for 100% of the plaintiff’s proven or agreed damages, with quantum postponed sine die.
Biyela-Mbekizeli v Passenger Rail Agency of South Africa SOC LTD (2024/14477) [2025] ZAGPJHC 421 (11 April 2025)
The High Court dismissed a passenger’s delict claim against PRASA after finding he tried to board a moving train with closed doors and failed to prove negligence.
Morwe v Road Accident Fund (293/2021) [2025] ZANCHC 18 (7 March 2025)
The High Court held that a Road Accident Fund collision was caused solely by the insured driver’s right turn across oncoming traffic, with no contributory negligence proved.
Rukanda v Road Accident Fund (015520/2022) [2025] ZAGPJHC 184 (4 February 2025)
High Court liability judgment in a road accident claim. The court found the plaintiff gave a credible explanation for a rear-end collision and ordered 100% liability against the RAF.
Moremedi v Road Accident Fund (86838/19) [2024] ZAGPPHC 1338 (18 December 2024)
The court found that the plaintiff's claim had not prescribed because she only became aware of the under-settlement in 2019 upon consulting her attorney. Prescription under the Prescription Act commences when the creditor has knowledge of the debt, which in this case was when the plaintiff learned her claim was under-settled. The Road Accident Fund's special plea of prescription was dismissed, and the Fund was held liable for 100% of the plaintiff's proven damages arising from the accident. The issue of quantum was separated for later determination. The Fund's repudiation of liability was rej…
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Mtengerapatare v Road Accident Fund (53863/2022) [2024] ZAGPPHC 918 (11 September 2024)
The High Court granted default judgment on liability against the Road Accident Fund after finding the insured driver negligently caused the collision; quantum was postponed sine die.
Namba v Road Accident Fund (2341/2021) [2024] ZAECQBHC 34 (30 April 2024)
The High Court held the Road Accident Fund liable for 100% of proven or agreed damages after finding that an unidentified driver negligently struck the plaintiff.
Nomnikelo v Road Accident Fund [2023] ZAGPPHC 552; 11869/2021 (11 July 2023)
The plaintiff failed to provide direct evidence of negligence on the part of the unidentified insured driver. The court found that the plaintiff's evidence did not establish that the unknown driver could or should have seen the stone and avoided it, nor that a reasonable driver in the circumstances would have foreseen the harm and taken steps to prevent it. The court distinguished the present case from precedents where liability was found due to failure to secure cargo or foreseeability of harm, noting that encountering a stone on a highway is not comparable to those situations. The court con…
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Dodd v Road Accident Fund (5975/2019) [2023] ZAWCHC 139 (12 June 2023)
The High Court held the Road Accident Fund liable for a motorcycle collision, finding the insured driver negligent in entering an intersection unsafely.
Ngxangexeni v Road Accident Fund (889/2013) [2023] ZAECMKHC 2 (24 January 2023)
The court found that the plaintiff proved, on a balance of probabilities, that his severe injuries were caused by a motor vehicle collision involving an unknown driver.
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