Motor law

Is the Road Accident Fund a social benefit or a public insurance scheme?

In Road Accident Fund v Auditor-General of SA and Others [2024] 3 All SA 914 (GP) a dispute between the Road Accident Fund (RAF) and the Auditor-General (A-G) concerning the […]

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Victory for plaintiff as court orders RAF to pay award for general damages

Mokone v Road Accident Fund (GP) (unreported case no 79497/18, 1-7-2024) (Pienaar AJ) In the case of Mokone, the Gauteng Division of the High Court in Pretoria awarded damages to […]

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Navigating road crash victim compensation: Are medical aid payments deductible?

Some road crash victim (RCV) compensation disputes are sometimes dealt with without referring to the Road Accident Fund Act 56 of 1996 (RAF Act) and/or older established authority (see for […]

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The untold dilemma of loss of support RAF claims in customary marriages

The Road Accident Fund (RAF) is a statutory board enacted in terms of the Road Accident Fund Act 56 of 1996. The board was established to offer compensation for any […]

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Has the plaintiff made a case on a balance of probabilities, for its claim against the defendant?

Sibuyi NO obo MMG v Road Accident Fund (NWM) (unreported case no RAF 68/2022, 27-3-2024) (Mfenyana J) A mother approached the North West Division of High Court in claiming for […]

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RAF liability: Reconsidering supplier claims

Payment of suppliers (such as hospitals and medical practitioners) as separate claims (separate from third party’s s 17(1) personal claim) in terms of s 17(5) of the Road Accident Fund […]

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Res ipsa loquitur as a legal maxim in motor vehicle accidents

Litigation emanating from motor vehicle accidents are common in South African courts. Be it claims for damages, claims based on personal injuries, or matters appearing in our criminal courts. This […]

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Road Accident Fund regulations reviewed and set aside

On 27 November 2023, in the matter of Skhosana v Road Accident Fund (GJ) (unreported case no 58501/2021, 27-11-2023) (Hitchings AJ), the Road Accident Fund (RAF) who had failed to […]

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Will the right to repair guidelines affect the second-hand car market?

The right to repair guidelines came into effect on 1 July 2021 and the legal basis for these guidelines is s 79(1) of the Competition Act 89 of 1998, as […]

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Is the Road Accident Fund an inheritas damnosa?

The Report of the Road Accident Fund Commission, 2002 commented on the Road Accident Fund (RAF) as follows: ‘39.1.1.7 … The RAF continues to experience difficulty with its restructuring as […]

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