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A.M obo Z.M v Road Accident Fund (2019/44093) [2025] ZAGPJHC 142 (17 February 2025)
The High Court awarded a minor plaintiff damages for severe accident-related injuries, including future loss of earnings, past medical expenses, costs, and a trust order.
Smith obo Sakman v Road Accident Fund (2337/2018) [2024] ZAFSHC 326 (17 October 2024)
The High Court awarded the plaintiff R1.7 million in delictual damages, applied a 20% contingency deduction to future earnings, and ordered trust protection measures.
P.M obo a Minor v MEC for Health Gauteng (2022/23339) [2024] ZAGPJHC 981 (10 September 2024)
An urgent interim-payment application was struck from the roll after repeated non-compliance with prior orders, and the applicant’s lawyer was ordered to pay punitive costs personally.
H.M obo H.V v Road Accident Fund (2020/3398) [2023] ZAGPJHC 1490 (8 August 2023)
The High Court awarded the minor plaintiff R4,288,500 for future loss of earnings, ordered a trust for her benefit, and directed an RAF medical undertaking.
DT on behalf of D.V. v Road Accident Fund (30913/2017) [2022] ZAGPJHC 509 (3 August 2022)
The court determined that, based on the plaintiff's age and anticipated retirement age, a pre-morbid contingency of 21% and a post-morbid contingency of 15% were appropriate, resulting in a loss of R2,196,925.00 for loss of earning capacity. The establishment of a trust was ordered to protect the proceeds due to the plaintiff's brain injury. The claim for general damages was separated and postponed sine die pending assessment by the HPCSA as required by the Road Accident Fund regulations. The contingency fee agreement between the plaintiff and her attorneys was declared invalid. The defendant…
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Legae obo E.C v Road Accident Fund (13538/2019) [2022] ZAGPPHC 449 (24 June 2022)
Default judgment for a minor pedestrian injured in a collision: the RAF was held 100% liable, and the court awarded damages of R5,674,891 plus a trust order.
Mthombeni v Road Accident Fund (71510/16) [2022] ZAGPPHC 14 (10 January 2022)
The court found that the plaintiff, a major, did not consent to the establishment of a trust or the appointment of a curator bonis. The curatrix ad litem and the majority of medical experts concluded that the plaintiff is compos mentis and capable of managing his own affairs. There was no declaration of inability or sufficient evidence of incapacity due to mental or bodily defect. The plaintiff's clear opposition to protective measures and his demonstrated ability to manage his taxi business supported the conclusion that he should receive the award directly. The court emphasized the importanc…
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Shabir v Road Accident Fund (2143/19) [2021] ZAGPPHC 696 (19 October 2021)
The court found that, although expert evidence indicated significant cognitive and executive dysfunction in the plaintiff, there was no declaration of inability to manage his affairs and the plaintiff opposed the establishment of a trust. In line with authority, the court cannot order the establishment of a trust absent the plaintiff's consent or a finding of incapacity. However, given the expert evidence and potential risks to the plaintiff's ability to manage a large monetary award, the court ordered the appointment of a curator ad litem to investigate the plaintiff's capacity and the need…
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Mohapi v Road Accident Fund (2017/22595) [2020] ZAGPJHC 40 (10 February 2020)
High Court damages judgment for a RAF claimant with brain, orthopaedic and eye injuries, awarding general damages, past income loss, future loss of earnings, trust protection and costs.
Khokho NO v Road Accident Fund (804/2019) [2019] ZAFSHC 164 (12 September 2019)
The court accepted the joint expert evidence that M, prior to the accident, had the potential for tertiary education and continuous employment until age 65, but post-accident is severely handicapped and unable to participate in the open labour market. The actuarial calculation of R5,891,844.00 for future loss of earnings was accepted, and a contingency deduction of 25% was deemed appropriate given M's tender age and grim life prospects, resulting in an award of R4,418,883.00. For general damages, the court considered the severity and permanence of M's injuries, the devastating impact on his l…
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