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South Africa decisions
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Moyo v Road Accident Fund and Another (3719/2021) [2024] ZAECQBHC 15 (5 March 2024)
The High Court dismissed an application to compel the RAF branch manager personally to pay a judgment debt and issue an undertaking.
Walker v Williams and Another (84955/2014) [2018] ZAGPPHC 737 (15 February 2018)
The High Court rescinded a default judgment after finding the respondent lacked locus standi to claim under an undertaking and that the applicant had a bona fide defence.
Road Accident Fund v Mphirime (1036/2016) [2017] ZASCA 140 (2 October 2017)
The Supreme Court of Appeal held that, due to the Constitutional Court's decision in Law Society of South Africa & others v Minister for Transport & another, the legal position regarding undertakings under section 17(4)(a) of the Road Accident Fund Act remains as it was prior to 1 August 2008. At that time, the Fund was entitled to issue undertakings for the future costs of a domestic assistant. The amendment to the Act and the absence of a new tariff do not exclude domestic assistance from the scope of section 17(4)(a). The respondent is not entitled to insist on a lump sum payment, as the F…
Source excerpt
Truvelo Manufacturers (Pty) Ltd v Rojean and Others (59301/2014) [2015] ZAGPPHC 229 (24 April 2015)
The High Court awarded costs against the respondents after they gave undertakings only after an urgent restraint-of-trade application was launched.
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)
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.
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