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South Africa decisions
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Madlala v Road Accident Fund (RAF) (65311/17) [2025] ZAGPPHC 153 (14 February 2025)
The High Court granted absolution from the instance in an unidentified-vehicle RAF claim, finding the plaintiff’s uncorroborated evidence insufficient to prove negligence.
Molaoa v Road Accident Fund (4358/2018) [2025] ZAFSHC 2 (14 January 2025)
The court found that the plaintiff was confronted with a sudden emergency caused by the unknown Audi driver overtaking and entering his lane. The plaintiff's evasive action—swerving to the right—was reasonable under the circumstances and did not amount to negligence, but at most an error of judgment. The defendant failed to prove any contributory negligence on the part of the plaintiff. The hearsay evidence from the Accident Report Form was excluded, as its admission would be prejudicial and not in the interests of justice. The evidence of the defendant's witness was found unreliable and did…
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Wilson v Road Accident Fund (3640/2018) [2024] ZALMPPHC 12 (12 February 2024)
The High Court dismissed a Road Accident Fund claim, finding the plaintiff failed to prove another vehicle caused the crash and that he was the sole cause.
Sarel Van Der Merwe Boerdery (Pty) Ltd v ALS Group t/a ALS Group Plant Hire (Pty) Ltd and Another (3599/20) [2024] ZAMPMHC 6 (31 January 2024)
The Plaintiff failed to prove negligence on the part of the First Defendant, as the evidence established that the First Defendant's driver was confronted with a sudden emergency created by the Second Defendant's overtaking manoeuvre. The First Defendant's driver acted as a reasonable person would in the circumstances, and his decision to swerve right, though not perfect, was not unreasonable given the limited time to react. The Second Defendant's driver, however, was found to have attempted to overtake at an inopportune moment, entering the oncoming lane and triggering the chain of events lea…
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Stenger v Road Accident Fund (3989/2022) [2024] ZAFSHC 31 (9 January 2024)
The High Court held that the RAF was liable for 100% of the plaintiff’s damages after a sudden emergency and res ipsa loquitur inference of negligence.
Putter v Road Accident Fund (11884/2021) [2023] ZAGPJHC 632 (6 June 2023)
The court found that the plaintiff's evidence was reliable, uncontroverted, and established that the insured driver failed to indicate his intention to turn right, thereby creating a sudden emergency for the plaintiff. The plaintiff kept a proper lookout and was travelling at a reasonable speed. The insured's conduct was the sole cause of the collision, and the doctrine of sudden emergency applied, absolving the plaintiff from negligence. The defendant failed to present any countervailing evidence or witnesses. The court distinguished the facts from Smith v Road Accident Fund and held the def…
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Nontsele v Road Accident Fund (474/2022) [2023] ZAECMHC 28 (2 May 2023)
The court found no contributory negligence by the plaintiff after a sudden-emergency collision and held the Road Accident Fund liable for 100% of proven damages.
VDN Carriers and Logistics CC v Gennao Logistics CC and Others (AR13/22) [2022] ZAKZPHC 73 (18 November 2022)
The High Court held that the second respondent was negligent in a truck collision and that no sudden emergency was proved because the overturned truck did not obstruct the road.
Ninteretse v Road Accident Fund (A170/2018) [2022] ZAGPPHC 187 (24 March 2022)
The High Court dismissed an appeal in a Road Accident Fund collision claim, holding that res ipsa loquitur and sudden emergency did not apply on the facts.
VDN Carriers and Logistics CC v Gennao Logistics CC and Others (5539/2014P) [2021] ZAKZPHC 15 (18 February 2021)
High Court ruling on a three-truck collision found no proved negligence by any driver and granted absolution from the instance against all parties.
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