Mashabela v Road Accident Fund (2020/29957)
Mashabela v Road Accident Fund (2020/29957) [2025] ZAGPJHC 202; [2025] 2 All SA 530 (GJ) (27 February 2025)
The court found that the Road Accident Fund failed to defend the matter for nearly four years and provided no cogent explanation for its delay or for its failure to investigate or settle the claim at an early stage. The defendant's late delivery of the notice of intention to defend did not automatically entitle it to a postponement, and the practice of relying on Uniform Rule 19(5) to force postponements was an abuse of court process. However, the court held that the defendant's conduct, while inefficient and burdensome to judicial resources, did not rise to the level of mala fides or vexatio…
Source excerpt
- Road Accident Fund Liability
- Default Judgment
- Uniform Rule 19 5
- Abuse Of Process
- Punitive Costs
- Judicial Discretion