Case Law[2025] ZAGPPHC 646South Africa
Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)
High Court of South Africa (Gauteng Division, Pretoria)
17 June 2025
Judgment
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# South Africa: North Gauteng High Court, Pretoria
South Africa: North Gauteng High Court, Pretoria
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## Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)
Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)
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sino date 17 June 2025
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO.: 2025-80181
(1) REPORTABLE: NO
(2)
OF INTEREST TO THE JUDGES: NO
(3)
REVISED: NO
DATE:
17 June 2025
SIGNATURE:
E van der Schyff
In
the matter between:
MADLALA
SIZWE
PLAINTIFF
and
THE
ROAD ACCIDENT FUND
DEFENDANT
JUDGMENT
Van
der Schyff J
[1]
This matter was before me on 12. June 2025·.The defendant did
not appear. The
plaintiff applied in terms of Rule 38(2) of the
Uniform Rules of Court that the expert evidence be accepted on
affidavit. I granted
the application conditionally, reserving the
right to call any expert witness.
[2]
After having heard counsel and read the expert reports, I am of the
view that it is
in the interest of justice to hear the educational
and industrial psychologists before the quantum is finally determined
for the
plaintiff's claim for loss of income.
[3]
The matter is thus partly heard before me, and the plaintiff must
contact my registrar
to determine an appropriate date for the
evidence to be heard.
[4]
The plaintiff is, however, entitled to the costs of 12 June 2025
since the postponement
is for the most part attributed to the
defendant's absence.
ORDER
In
the result, the following order is granted:
1.
The matter is postponed sine die.
2.
A date is to be arranged with Van der Schyff J's registrar for the
plaintiff's
identified witnesses to testify.
3.
In the event that the matter becomes settled, the parties may
approach Van der
Schyff J in chambers for the order by agreement.
4.
Costs of the day, on scale B, are to be paid by the defendant.
E
van der Schyff
Judge
of the High Court
Delivered:
This judgment is handed down electronically by uploading it to the
electronic file of this matter on Caselines. In the
event that there
is a discrepancy between the date the judgment is signed and the date
it is uploaded to Caselines, the date the
judgment is uploaded to
Caselines is deemed to be the date that the judgment is handed down.
For
the plaintiff:
M.H. Mokale
Instructed
by:
M.B. Mabunda Incorporated
Date
of the hearing:
12 June 2025
Date
of order1:
17
June 2025
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