Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2025 >> [2025] ZAGPPHC 418 | Noteup | LawCite sino index ## Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025) Machekera v Road Accident Fund (2024/023488) [2025] ZAGPPHC 418 (1 January 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2025_418.html sino date 1 January 2025 ## IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA ## (GAUTENG DIVISION, PRETORIA) (GAUTENG DIVISION, PRETORIA) ### CASE NO: 2024/023488 CASE NO: 2024/023488 In the matter between: BEATH MACHEKERA                                               APPLICANT and # ROAD ACCIDENTFUNDRESPONDENT ROAD ACCIDENT FUND RESPONDENT ### In re: ROAD ACCIDENT FUND                                          APPLICANT ## And # BEATHAMACHEKERARESPONDENT BEATHA MACHEKERA RESPONDENT ### ## JUDGMENT JUDGMENT ## ## MATSEMELA AJ MATSEMELA AJ 1. The applicant in the main application is a quadriplegic, incontinent, and has been cared for at the Ann Harding Cheshire home since 2016. The RAF paid the Ann Harding Cheshire Home until February 2024. 2. On 19 March 2024 Cowen J ordered that the respondent ('' the RAF") make payment of fees which the applicant owes to the Harding Cheshire Home from March 2024 onwards. 3. The RAF failed to comply with the order of 19 March 2024. After facing an application for contempt of Court, the RAF belatedly seeks a rescission of the Cowen J Judgment. 4. The respondent has opposed the application by filling an answering affidavit. 5. The RAF has not filed a replying affidavit. 6. The basis of the Cowen J order is the undertaking that the RAF furnished on 25 November 2015 already.The RAF gave a statutory undertaking to pay the expenses of the treatment of injuries and care of the applicant, which arose from a motor vehicle accident that occurred as far back as 19 October 2015. The undertaking is that RAF '' shall compensate" the claimant for costs that have been incurred. 7. As stated, the RAF paid for some years, but then reneged. Seemingly the RAF was moved to discontinue payment, on the basis of the recent directive, that a foreigner's claim should not be covered under the RAF legislation. 8. The full Bench judgment in the matter of Road Accident Fund v Mudawu and Others (0117 95/2022) [2024] ZAGPPHC 655 (9 JULY) is clear that a foreigner 's claims are covered, Also, the memo/ directive by the RAF applies to future claims, not finalised claims. The RAF has clearly given an irrevocable undertaking. 9. Applicant anticipates that because of the Modawu judgment, the RAF will not proceed with the application for rescission also, the RAF is clearly bound to continue honouring the undertaking it gave years ago and has implemented. It has waived any rights it may have had not to pay. 10. Counsel for Respondent argues that the rescission application dismissed with attorney and client costs. There is no reason for the indigent applicant to be out of pocket. I agree. I therefore make the following order. Order 1. The application for rescission dismissed. 2. The Applicant is to pay the costs on an attorney and own client scale. JMOLEFE MATSEMELA Acting Judge of the Gauteng High Court, Pretoria This judgment was handed down electronically by circulation to the parties' legal representatives by email. The date and time for hand-down is deemed to be 10 H 00 on 3 April 2025 HEARD ON 21 January 2025 FOR THE APPLICANT              ADV AA De WET ### INSTRUCTED BY                     STEVE MERCHAK ATTORNEYS INSTRUCTED BY                     STEVE MERCHAK ATTORNEYS FOR THE RESPONDENT        ADV L PETER INSTRUCTED BY                     SCHAAFSMAATTORNEYS sino noindex make_database footer start