South Africa Case Law

Magokolo v The Road Accident Fund (42/2018)

Magokolo v The Road Accident Fund (42/2018) [2019] ZAFSHC 39 (29 April 2019)

Court

Free State High Court, Bloemfontein

Case number

42/2018

Judge

MBHELE

The court found that the plaintiff's version of events was inconsistent with his pleadings, hospital records, and affidavits. The evidence presented by the police officers, who inspected the accident scene, indicated no physical evidence of a collision with another vehicle. The plaintiff failed to provide credible and reliable evidence to support his claim that an unidentified insured driver caused the accident. The discrepancies in the plaintiff's testimony and extracurial statements were deemed fatal to his case. The court held that the plaintiff did not discharge the burden of proof requir…

Source excerpt

• Road Accident Fund Act
• Negligence
• Burden Of Proof
• Single Vehicle Accident

Road Accident Fund v Abrahams (276/2017)

Road Accident Fund v Abrahams (276/2017) [2018] ZASCA 49; 2018 (5) SA 169 (SCA) (29 March 2018)

Court

Supreme Court of Appeal

Case number

276/2017

Judges

Navsa, Lewis, Willis, Makgoka, Hughes

The Supreme Court of Appeal held that a driver in a single-vehicle accident may claim under section 17 of the RAF Act where the owner’s negligence caused the injury.

• Road Accident Fund Act
• Third Party Liability
• Single Vehicle Accident
• Negligence
• Rule 33 4 Separation Of Issues
• Road-accident-fund-act