South Africa Case Law

Paterson obo Nzwana v Road Accident Fund and Another (579/2009)

Paterson obo Nzwana v Road Accident Fund and Another (579/2009) [2012] ZAECPEHC 27; 2013 (2) SA 455 (ECP) (26 April 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

579/2009

Judge

T Malusi

The court found that the first respondent's undertaking did not comply with the order of Revelas J dated 4 August 2010, as it included a proviso referencing Section 36 of the Compensation for Occupational Injuries and Diseases Act and specified an inception date not agreed to by the parties or ordered by the court. This proviso constituted an impermissible qualification beyond the scope of Section 17(4)(a) of the Road Accident Fund Act. The court held that only the trial court is required to consider compensation already paid by the Compensation Commissioner, not the beneficiary when proving…

Source excerpt

• Road Accident Fund Act
• Undertaking For Future Medical Expenses
• Compliance With Court Order
• Punitive Costs Order

Tabata v Road Accident Fund (809/09)

Tabata v Road Accident Fund (809/09) [2011] ZAECGHC 31 (8 June 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

809/09

Judge

J M Roberson

The High Court awarded the plaintiff damages, interest, an undertaking for future medical expenses, and costs in a Road Accident Fund claim.

• Road Accident Fund Act
• General Damages
• Loss Of Earnings
• Undertaking For Future Medical Expenses
• Road-accident-fund
• Personal-injury-damages

Road Accident Fund v Arendse NO (030/2002)

Road Accident Fund v Arendse NO (030/2002) [2002] ZASCA 150; [2003] 1 All SA 139 (SCA); 2003 (2) SA 490 (SCA) (29 November 2002)

Court

Supreme Court of Appeal

Case number

030/2002

Judges

Harms, Schutz, Cameron, Navsa, Conradie

The Supreme Court of Appeal held that administrative costs for managing an Article 43(a) undertaking were not covered by the settlement and could not later be claimed from the RAF.

• Road Accident Fund Act
• Undertaking For Future Medical Expenses
• Administration Of Damages Award
• Road-accident-fund
• Future-medical-expenses
• Undertakings