Mafu v Road Accident Fund (054215/2022) [2025] ZAGPPHC 566 (5 June 2025)

30 Reportability
Personal Injury Law - Road Accident Fund

Brief Summary

Tort — Motor vehicle accident — Negligence — Plaintiff involved in collision at controlled intersection — Plaintiff stopped at stop sign and proceeded when it was his turn — Another vehicle failed to stop and collided with plaintiff's vehicle — Onus on plaintiff to prove defendant's negligence on balance of probabilities — Court found plaintiff established that insured driver was solely responsible for the accident — Defendant ordered to pay 100% of plaintiff’s proven damages, with quantum determination postponed.

Comprehensive Summary

Case Note


Thembinkosi Eric Mafu v Road Accident Fund

Case No: 054215/2022

Date: 5 June 2025


Reportability


This case is not reportable as it does not set a significant legal precedent or involve a matter of public interest that would warrant publication. However, it is of interest to practitioners in the field of personal injury law, particularly in relation to the burden of proof in negligence claims arising from motor vehicle accidents.


Cases Cited



  • None cited in the judgment.


Legislation Cited



  • None cited in the judgment.


Rules of Court Cited



  • Rule 1 of the Uniform Rules of Court

  • Rule 33(4) of the Uniform Rules of Court


HEADNOTE


Summary


The case involves a motor vehicle accident that occurred on 26 November 2021, where the plaintiff, Thembinkosi Eric Mafu, sought damages from the Road Accident Fund. The court addressed issues surrounding the defendant's failure to properly file pleadings and the burden of proof regarding negligence.


Key Issues


The key legal issues addressed in this case include the procedural compliance of the defendant in filing pleadings and the determination of negligence in the context of a motor vehicle accident.


Held


The court held that the plaintiff successfully proved the defendant's negligence, leading to the order that the defendant must pay 100% of the plaintiff's proven or agreed damages, with the determination of quantum postponed.


THE FACTS


The plaintiff, Thembinkosi Eric Mafu, was involved in a motor vehicle accident on 26 November 2021. He served summons to the Road Accident Fund, which was acknowledged but not properly filed in the court's electronic system. The plaintiff testified that he had stopped at a controlled intersection and proceeded when it was his turn, only to be struck by another vehicle that failed to stop. The court noted that the defendant's pleadings were not uploaded in time, which led to procedural complications.


THE ISSUES


The court had to decide whether the defendant had properly entered an appearance to defend and whether the plaintiff had met the burden of proof to establish the defendant's negligence. Additionally, the court considered the separation of issues regarding merits and quantum as requested by the plaintiff.


ANALYSIS


The court analyzed the evidence presented, including the plaintiff's testimony and the Accident Report. It was determined that the plaintiff's account of the accident was the only version available, and he had established that the other driver was negligent for failing to stop at the stop sign. The court emphasized the importance of the plaintiff's burden to prove negligence on a balance of probabilities.


REMEDY


The court ordered that the defendant, Road Accident Fund, is to pay 100% of the plaintiff's proven or agreed damages. The determination of the quantum of damages was postponed sine die, allowing for future proceedings to establish the exact amount owed.


LEGAL PRINCIPLES


The key legal principles established in this case include the necessity for a plaintiff to prove negligence on the part of the defendant in personal injury claims and the procedural requirements for filing pleadings in court. The case also highlights the importance of adhering to court rules regarding the submission of documents and the implications of failing to do so.


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
GAUTENG DIVISION, PRETORIA

Case no: 054215/2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
DATE 5/06/ 2025
SIGNATURE

In the matter between:

THEMBINKOSI ERIC MAFU Plaintiff

and

ROAD ACCIDENT FUND Defendant



JUDGMENT


PIENAAR AJ


Introduction



1. In this matter the plaintiff issued summons against the defendant in respect of a
motor vehicle accident that occurred on 26 November 2021. The plaintiff was the driver
of motor vehicle with registration number C[...] .

2. The combined summons against the defendant was served by sheriff on the 1st
February 2023, at the defendant principal place of business. The Plaintiff served the
notice of set down on the defendant on 11 September 2024.

3. The matter was before me on the default judgment roll for 10 April 2025. Plaintiff
Counsel, Mrs Jansen submitted that the defendant had entered an appearance to
defend and filed their plea; however, these documents had not been uploaded onto
CaseLines at the commencement of the court proceedings.

3. Ms. Rangata for the Defendant, conceded that the pleadings had not been uploaded
to the electronic court filing system (Caselines), explaining that another State Attorney
had handled the matter.

4. Rule 1 states:
“deliver means to serve copies on all parties and file the original with the registrar”

5. The Court ruled that the matter could proceed, as there was no notice of intention to
defend or pleadings properly before the Court.

6. I have noted that the defendant uploaded the notice of intention to defend and the
pleadings thereafter.

7. Plaintiff’s counsel submitted that, in terms of Rule 33(4), the issues of merits and
quantum should be separated. The Plaintiff would proceed only on the issue of merits.
The court granted the separation, ordering that the matter proceed on the merits alone,
and directed that the Plaintiff must testify.


Merits

8. It is trite that the onus rests on the Plaintiff to prove the Defendant ’s negligence
which caused the damages suffered on a balance of probabilities.

9. The merits evidence before me, is the Accident Report (AR) Form, the claimant’s
section 19(f) affidavit confirming the accident, and the supplementary affidavit of the
Plaintiff, and the ID copy of the claimant.

10. The plaintiff testified under oath that he was the driver of a motor vehicle on 6
November 2021 and was involved in a motor vehicle collision. He approached an
intersection that was controlled by stop signs. He had stopped at the intersection and
when it was his turn to pass, he proceed to pass through the intersection. There was
another vehicle coming from his right hand side that failed to stop at the stop sign and
collided with his vehicle.

11. The plaintiff’s evidence can be briefly summarised as follows: On 16 November
2021, he was driving a motor vehicle with registration number C[...] . Upon reaching a
four-way stop intersection, he brought the vehicle to a stop and checked for oncoming
traffic. He observed a vehicle approaching but decided to proceed through the
intersection. A collision then occurred between his vehicle and the approaching car.

12. The court asked the plaintiff why he did not wait for the other vehicle to come to a
complete stop before proceeding. He responded that he was under the impression that
the other vehicle would stop.

13. The plaintiff contends that another vehicle approached from his right-hand side,
failed to stop at the stop sign, and collided with his vehicle on the driver’s side.

14. I next turn to the Accident Report which forms a crucial part of the claim instituted by
the plaintiff against the defendant. According to driver of motor vehicle “A” which is the

Insured Driver, he alleged that Vehicle “B” didn’t stopped at the stop street at the
intersection and so being collided with Driver “B”.

Evaluation

15. It is trite that the onus rests on the Plaintiff to prove the Defendant ’s negligence
which caused the damages suffered on a balance of probabilities.

16. There is only one version about how the accident occurred before court, and it is
that of the plaintiff.

17. Consequently, the court finds that the plaintiff has succeeded in proving that the
insured driver was the sole cause of this accident.

Order

In the result the following order is made:

18. The defendant is ordered to pay 100% of the plaintiff’s proven or agreed damages;

19. The determination of the quantum is postponed sine die;

20. Draft order ‘X’ is made an order of court.


PIENAAR M
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA


Date of hearing : 10 April 2025

Date of Judgment: 5 June 2025

APPEARANCES

Counsel for the Applicant : Adv A Jansen

Attorney for the Plaintiff : Van Niekerk Attorneys

Attorney for Respondent : Ms Rangata - State Attorney
Only during the early stages of the trial