Reportable. YES 7 NO
Circulate to Judges: YES / NO
Circulate to Regional Magistrates: YES / NO |
| Circulate to Magistrates: YES / NO |
IN THE HIGH COURT OF SOUTH AFRICA
(NORTHERN CAPE DIVISION, KIMBERLEY)
Case Number: 252/2023
In the matter between:
HELEN BRUMILDA LANGEVELD PLAINTIFF
and
ROAD ACCIDENT FUND DEFENDANT
Neutral citation: | Langeveld v Road Accident Fund (Case no 252/2023).
Coram: Stanton J
Heard: 21 July 2025.
Delivered: 15 August 2025.
Summary: Special plea of prescription — Not pleaded that plaintiff failed to comply
with the Road Accident Fund’s Board Notice 271 of 2022 — Defendant is bound by its
special plea — Special plea of prescription not amended — Special plea of prescription
is dismissed.
ORDER
1. The special plea of prescription is dismissed.
2. The defendant shall pay the plaintiff's costs on a party and party scale, scale A.
JUDGMENT
Stanton J
introduction:
[1] On 07 February 2023, the plaintiff instituted an action for damages against the
Road Accident Fund (‘the RAF”) arising from a motor vehicle accident that
occurred on18 November 2019. In addition to its plea on the merits, the RAF
raised two special pleas: (a) a plea of prescription, and (b) a plea pertaining to
the assessment of the seriousness of the injury in terms of s 17(1) of the Road
Accident Fund Act 56 of 1996, as amended, (“the Act”) and its regulations.
[2] The parties agreed that the special plea of prescription would be dealt with
separately and be argued on the pleadings.
[8] According to the special plea of prescription:
3.1. In terms of s 23(1) and 23(4) of the Act, the right to claim compensation
from the RAF, in the case where the identity of the driver or the owner of
the motor vehicle from whose driving the loss or damage arose is known,
becomes prescribed upon the expiry of three years from the date upon
which the cause of action arose.
3.2 The plaintiffs cause of action arose on 18 November 2019.
3
3.3 The plaintiffs claim was lodged at the RAF on 25 November 2022.
3.4 The plaintiffs claim should have been lodged at the RAF on or before
17 November 2022.
3.5 The plaintiff failed to submit a claim to the RAF within three years from
the date upon which the cause of action arose, and as a result, her claim
has prescribed.
[4] In the replication to the special plea, the plaintiff pleads that she duly complied
with the provisions of s 23(1), (4) and 24(1) (b) of the Act. In support of this
submission, she relies on the lodgement letter, dated 08 November 2022,
together with the proof of transmission thereof by registered mail; and a letter
from the RAF dated 08 November 2022 in which the RAF acknowledged receipt
of the lodgement.
Background:
{5] Section 17 of the Act makes the RAF liable to pay compensation in respect of
claims arising from the driving of a motor vehicle where either the identity of the
owner or driver thereof has been established.
[6] Section 23(1) of the Act provides that:
‘Notwithstanding anything to the contrary in any law contained, but subject to
subsections (2) and (3), the right to claim compensation under section 17 from the Fund
or an agent in respect of loss or damage arising from the driving of a motor vehicle in
the case where the identity of either the driver or the owner thereof has been
established, shall become prescribed upon the expiry of a period of three years from
the date upon which the cause of action arose.’
[7] Section 24 of the Act regulates the procedure for the lodgement of claims and
provides as follows: