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South Africa decisions
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Marais v Road Accident Fund (2540/2021) [2025] ZAWCHC 324 (30 July 2025)
The High Court held the RAF liable for disputed accident-related medical expenses and ordered an unrestricted section 17(4)(a) undertaking for future care.
Mtika v Road Accident Fund (2019/19802) [2025] ZAGPJHC 667 (1 July 2025)
The court held that the plaintiff is entitled to claim damages from the Road Accident Fund despite his expired asylum seeker permit and illegal immigration status, as confirmed by binding precedent. However, the plaintiff's claim for general damages and loss of earnings could not be determined due to the absence of updated medico-legal evidence and lack of concession or HPCSA finding. The quantum of any damages awarded must be reduced by 50% due to the parties' settlement on negligence apportionment. The plaintiff is entitled to a statutory undertaking for future medical expenses, limited to…
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Hassen v Road Accident Fund (25336/2009) [2025] ZAWCHC 111 (17 March 2025)
The High Court awarded the plaintiff damages for past loss of income and loss of earning capacity, plus a statutory undertaking for future accident-related medical costs.
Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025)
The High Court dismissed the Road Accident Fund’s rescission application and ordered attorney-and-own-client costs, holding that its statutory undertaking remained binding.
F D v Road Accident Fund (2015/28856) [2018] ZAGPJHC 705 (13 December 2018)
The High Court awarded damages for loss of earning capacity after a motor vehicle accident, applying differential contingencies and ordering a statutory undertaking.
Nogcantsi v Road Accident Fund (7775/2009) [2014] ZAGPPHC 3 (16 January 2014)
High Court Road Accident Fund claim by a minor pedestrian: the court found a moderate brain injury, awarded loss of earnings, and ordered a statutory undertaking.
Mlangeni v Road Accident Fund (24645/2009) [2010] ZAGPPHC 187 (28 October 2010)
The court awarded R120,000 in general damages and rejected a claim for future loss of earnings, relying on expert evidence that no permanent loss of work capacity was shown.
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