S.N v Road Accident Fund (62121/19) [2025] ZAGPPHC 1039 (15 September 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 1039 | Noteup | LawCite sino index ## S.N v Road Accident Fund (62121/19) [2025] ZAGPPHC 1039 (15 September 2025) S.N v Road Accident Fund (62121/19) [2025] ZAGPPHC 1039 (15 September 2025) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2025_1039.html sino date 15 September 2025 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy # IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA ## Case no: 62121/19 Case no: 62121/19 (1)      REPORTABLE: NO (2)      OF INTEREST TO OTHER JUDGES: NO (3)      REVISED. DATE: 15/9/2025 SIGNATURE In the matter between: ## S[...] N[...]                                                                                       Applicant/Plaintiff S[...] N[...]                                                                                       Applicant/Plaintiff and ROAD ACCIDENT FUND                                                               Respondent/Defendant # JUDGMENT JUDGMENT PIENAAR AJ ## ## Introduction Introduction [1] This is a claim by the plaintiff against the Road Accident Fund for damages arising from a motor vehicle collision which occurred on or about 11 February 2018 at or near Scottsburgh. On the 22nd day of August 2019, the plaintiff caused summons to be issued against the defendant, the Road Accident Fund (‘the RAF’), in terms of the Road Accident Fund Act 56 of 1996 (‘the RAF Act’) for his compensation for the damages he suffered due to the accident. [2] The matter was before me on the default judgment roll for 25 June 2025. The issues for determination is both merits and quantum. [3] The Plaintiff served the notice of set down on the Defendant on 25 March 2025. The defendant’s defence was struck out on 11 November 2022 before Judge Mnyovu (AJ). [4] The Plaintiff brought an application in terms of Rule 38(2) of the Uniform Rules of Court for the expert reports and affidavits to be admitted into evidence. Havenga v Parker 1993 (3) SA 724 (T), confirmed by the Supreme Court of Appeal in Madibeng Local Municipality v Public Investment Corporation 2018 (6) SA 55 (SCA), found it is permissible to place expert evidence before the Court by way of affidavits in terms of Rule 38(2). The Rule 38(2) application was granted. [5] It must be noted that even though the Rule 38(2) application was granted, this court must still be satisfied, after considering all the evidence, that the Plaintiff has a valid claim. By admitting the expert affidavits without viva voce evidence, this Court is not bound to accept the evidence presented for the purpose of granting default judgment. [6] The Plaintiff served electronically on the Defendant an amended particulars of claim on the 10th of June 2025. Plaintiff also served a notice of substitution on the Defendant on 11 November 2024. [7] The Fund did not admit the RAF 4 serious injury assessment of the Plaintiff. Therefore, the issue of General Damages is postponed sine die. [8] I reserved this judgment at the conclusion of the trial after listening to oral submissions by Plaintiff Counsel, Adv Huskins. ## Merits Merits [9] The plaintiff was born on 31 July 2006 and was injured in the motor vehicle accident on 11 February 2018. He, therefore, was about 11 years old at the time of the accident and about 19 years of age at the time of trial. [10] According to the statement of the biological mother Ms N[...] P[...] N[...] her son was walking on the side of the road on 11 February 2018 when the Insured driver driving motor vehicle with registration number N[...] 1[...] had a tyre burst and lost control of the vehicle and knocked down her son. [11] According to the OAR report, the motor vehicle accident occurred on 11 February 2018, and the accident was reported on 11th February 2018. [12] The hospital records of the Department of Health of the province of KwaZulu Natal, confirmed that the child was admitted on 30 September 2017. ## Medico legal reports Medico legal reports [13] The Plaintiff appointed several experts to assess and evaluate the nature of his injuries and the sequalae of the injuries sustained. The Plaintiff served the following medico legal and addendum reports on the Defendant: 13.1 Dr Bongobi           - Orthopaedic Surgeon 13.2 Dr Mqhayi            - Clinical Psychologist 13.3 Dr Mazwi             - Neurosurgeon 13.4 Dr Kubheka         - Educational Psychologist 13.5 J T Matsape        - Occupational Therapist 13.6 Moipone Kheswa - Industrial Psychologist 13.7 Wim Loots           - Actuary [14] According to all the experts mentioned above, the claimant sustained injuries as a result of a motor vehicle accident that occurred on 30 September 2017 . However, according to the OAR report, Section 19(f) affidavit, and the amended particulars of claim, the accident occurred on 11 February 2018 . Therefore, there is a dispute as to the exact date of the motor vehicle accident. The expert reports are of no assistance to the court. [15] The Court noted that the RAF stamp on the lodgment letter is illegible. [16] The date and place of the accident is a substantial compliance with the RAF Act No. 56 of 1996. [17] Given the various contradictions in this matter, the court is not satisfied that the interests of justice would be served by granting default judgment. # # ORDER ORDER Accordingly, the following order is made: 1. Default Judgment application is refused. 2. The determination of merits is postponed sine die 3. The determination of quantum is postponed sine die 4. No order as to costs # M PIENAAR M PIENAAR # ACTING JUDGE OF THE HIGH COURT ACTING JUDGE OF THE HIGH COURT # GAUTENG DIVISION, PRETORIA GAUTENG DIVISION, PRETORIA This judgment was handed down electronically by circulation to the parties/their legal representatives by email and by uploading to the electronic file on Case Lines. The date for hand down is deemed to be 16 September 2025. Date of hearing            : 25 June 2025 Date of judgment         : 16 September 2025 For the Applicant          : Adv Lizelle Huskins Instructed by               : D D Kotlolo Attorneys For the Respondent    : Road Accident Fund No appearance Link no: 4360417 sino noindex make_database footer start