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Civil Procedure [2025] ZAGPJHC 519

Mabaza v Road Accident Fund (29534/2012)

Mabaza v Road Accident Fund (29534/2012) [2025] ZAGPJHC 519 (30 May 2025)

Court
South Gauteng High Court, Johannesburg
Case number
29534/2012
Judge
Windell

The court held that the plaintiff's claim was not prescribed because the final day for lodging the claim, 14 August 2011, fell on a Sunday. Applying the principles established in Road Accident Fund v Masindi and Gabuza v Road Accident Fund, the court found that prescription is extended to the next working day when the last day falls on a dies non. This interpretation aligns with constitutional imperatives and the protective purpose of the Road Accident Fund Act. The defendant's special plea of prescription was dismissed, and costs were awarded to the plaintiff, including counsel's qualifying…

Source excerpt

  • Extinctive Prescription
  • Road Accident Fund Act
  • Dies Non
  • Statutory Claims
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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.

Source links and collection timestamps are retained alongside the indexed records.