SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO. 2023 - 117329
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHERS JUDGES: YES/NO
(3) REVISED
11/12/2025
In the matter between:
N[…] M[…]
OBO U[…] M[…] PLAINTIFF
and
ROAD ACCIDENT FUND DEFENDANT
___________________________________________________________________
JUDGMENT
___________________________________________________________________
BHOOLA AJ,
Introduction
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[1] The plaintiff, Ms N[…] M[…] who acts on behalf of her minor child U […] M[…]
born on the 1 August 2016, institutes action against the Road Accident Fund (RAF)
seeking damages arising from a motor vehicle collision which occurred on 19 April
2016, near Konig Street and Sir George Grey Street, Roodepoort, Johannesburg,
Gauteng Province, where the minor child was a pedestrian.
[2] The plaintiff seeks the following relief on behalf of the minor child -:
2.1. past loss of earnings
2.2 future loss of earnings
2.3 past and future loss of earnings.
2.4 general damages
[3] The issue of the merits was settled at 80/20 in favour of the plaintiff as well as
general damages.
[4] The summons was served on the defendant on 10 November 2023. The dies
for filing a notice of intention to defend has expired and the plaintiff proceeds by way
of default judgment in terms of Rule 32, read with Rule 38(2) of the Uniform Rules.
[5] The parties have reached a settlement agreement, which they request to be
made an order of court.
Legal Principles
[6] The Constitutional Court in Eke v Parsons
1 established that a settlement
agreement may be made an order of court if:
(a) litigation is pending;
1 (CCT214/14) [2015] ZACC 30; 2015 (11) BCLR 1319 (CC); 2016 (3) SA 37 (CC) (29 September 2015)
3
(b) the agreement relates directly to the dispute between the parties; and
(c) the agreement is competent and proper, serving the interests of justice.
[7] In RAF matters, the Supreme Court of Appeal has confirmed that once
litigation is pending, a settlement agreement resolving the dispute should ordinarily
be made an order of court, unless it is incompetent or contrary to public policy.2
[8] More recently, the Constitutional Court in Mafisa v Road Accident Fund 3
emphasised that courts must respect the terms agreed by the parties and may not
rewrite them.
[9] The present settlement agreement, quantifies damages for loss of earning
capacity, provides for an undertaking in terms of section 17(4)(a) of the Road
Accident Fund Act 56 of 1996, and deals with costs. It is directly connected to the
dispute, lawful in its terms, and consistent with the statutory framework.
Conclusion
[10] I am satisfied that the agreement meets the criteria set out in Eke v Parsons
4
and subsequent RAF authorities. It is therefore competent and proper to make the
settlement agreement an order of court.
Order
[7] As a result, I make the following order-:
1. The application in terms of Rule 38(2) is granted.
2 PM obo TM v Road Accident Fund [2019] ZASCA 97
3 [2024] ZACC [4]
4 (CCT 156/22) [2024] ZACC 4; 2024 (6) BCLR 805 (CC); 2024 (4) SA 426 (CC) (25 April 2024)
4
2. The settlement agreement entered into by agreement between the
parties, is made an order of marked “X”.
__________________________
CB. BHOOLA
Acting Judge of the High Court
Gauteng Division of the High Court, Johannesburg
Delivered: This judgment was prepared and authored by the Judge whose name
is reflected on 12 December 2025 and is handed down electronically by circulation to
the parties/their legal representatives by e mail and by uploading it to the electronic
file of this matter on CaseLines. The date for hand- down is deemed to be 12
December 2025.
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APPEARANCES
Date of hearing: 23 October 2025
Date of judgment: 12 December 2025
For the plaintiff: Adv. RR Mambani
(Tel: 003 767 4434)
Instructed by: Maphaha Attorneys
(Tel: 011 333 0641, email-:
rudzani3@maphahaattorneys@co,za)
For the Defendant: State Attorney
Ms N Mhlongo
(Tel: 073 452 7151, email NkatekoM@raf.co.za )
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X
#58 IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
CASE NO: 2023-117329
ON THE 23RD OF OCTOBER 2025
Before the Honourable Justice Bhoola AJ
In the matter between:
U[…] M[…] PLAINTIFF
AND
ROAD ACCIDENT FUND DEFENDANT
Link No: 3920401
This Order is made an Order of Court by the Judge whose name is reflected herein,
duly stamped by the Registrar of the Court and is submitted electronically to the
Parties/their legal representatives by email. This Order is further uploaded to the
electronic file of this matter on Case Lines by the Judge or his/her secretary. The
date of this Order is deemed to be the 23
rd day of October 2025
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COURT ORDER
By agreement between the parties:
1. The Defendant is ordered to pay the Plaintiff at a sum of R3 619 815.16
(Three Million Six Hundred and Nineteen Thousand, Eight Hundred And
Fifteen Rands and Sixteen Cents) in respect of loss of earnings in full and
final settlement of the claim.
Breakdown:
Loss of earnings R4 524 768.95 less 20% apportionment
Total R3 619 815.16.
2. Payment of the amount referred to above must be made directly into the Trust
Account of the Plaintiff’s Attorney, the Banking details of the Plaintiff’s
Attorneys are:
ACCOUNT HOLDER: R[…] T A[…] I[…]
BANK: FNB
BRANCH CODE: 2[…]
BRANCH NAME: N[…] M[…] S[…] C[…]-A[…]
ACCOUNT NUMBER: 6[…]
ACCOUNT TYPE T[…] A[…]
3. The Defendant shall pay interest on the aforesaid sum at the rate of 10.5%
per annum calculated from the expiry of 180 days from the date of the order to
the date of final payment.
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4. The Defendant is ordered to pay the Plaintiff’s taxed or agreed costs to date
hereof on a High Court party and party scale B, including but not limited to the
costs of the plaintiff’s attorneys; counsel’s fees for perusal, preparation,
drafting of heads of argument, and appearance in default judgment court on
21 October 2025; costs of the default judgement application; reasonable
costs for travelling, transportation, subsistence and accommodation if any, by
or on behalf of the plaintiff when attending medic o-legal examinations and
costs for all the expert reports including of the following:
a. Dr. P Kumbirai - Orthopeadic Surgeon;
b. Dr. Mazwi - Neurosurgeon;
c. Andile Moyo - Educational Psychologist;
d. Metse Psychologist - Clinical Psychologist;
e. Lawrance Makananisa - Occupational Therapist;
f. Mthimkhulu - Educational Psychologist;
g. Nomfanelo Manaka - Industrial Psychologists;
h. Actuary - Johan Sauer Actuaries & Consultants.
5. The Plaintiff shall allow the Defendant 30 days to pay the agreed or taxed
costs after date of agreement or taxation.
6. The Defendant shall furnish a 80% undertaking for future medical expenses in
terms of section 17(4) of the RAF Act, to reimburse the plaintiff for costs of
any future accommodation in hospital or nursing home, treatment, rendering
of service to him or supplying goods to him arising out injuries sustained by
the plaintiff in a motor vehicle accident on which this cause of action is based
after such costs have been incurred and upon proof thereof.
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7. There is a valid contingency fee agreement entered into between the plaintiff
and the attorney of record.
8. The Plaintiff’s attorneys are ordered to establish a Trust for the benefit of the
plaintiff and to deposit the net proceeds of the action on plaintiff’s behalf, after
the deduction of taxed attorney own client costs, to the credit of such Trust.
9. The Plaintiff’s attorneys are, authorised and ordered until such time as the
trustees are able to take control of the capital amount and to deal with same
in terms of the trust deed, to pay from the capital amount any reasonable
payments to satisfy any of the plaintiff’s needs that may arise and that are
required in order to satisfy any reasonable need for maintenance, treatment,
care, aids, or equipment that may arise in the interim.
10. The terms of each such trust are to include:
12.1 Trustees nominated by the plaintiff and the plaintiff’s attorneys.
12.2 If any of the trustees are unable or unwilling to accept appointment or for
any reason becomes unable to continue to act once having been
appointed, then the Master of the High Court will in his sole discretion be
entitled to appoint another trustee.
12.3 The trustees are required to furnish security for the administration of the
assets of the trust. The Trustees fees for the administration of the trust are
to be calculated at the rate of 1% per annum of the trust assets under
administration.
11. The trustees shall administer the trust subject to the powers and terms, which
follow:
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13.1. The trustees must in writing accept their appointment as such and the
benefits and duties conveyed by the trust deed and acknowledge
receipt of the donation in terms of which the trust will be established. A
body corporate may be a trustee.
13.2. The trustees may at any time in writing appoint additional trustees, or
one or more trustees to succeed any or all of them, or one or more
agents with powers of substitution and delegation, to perform any acts
on their behalf. If ever there is no trustees, the person who keeps the
books of the trust or any beneficiary may call a meeting with the
beneficiary, assisted by their guardians if applicable, which meeting
shall appoint a trustee or trustees, failing which the Master will appoint
a trustee.
13.3. A trustees shall cease to act as such if he/she resigns, or becomes
mentally disturbed or ill, or alcoholic, or incompetent or unable to act as
trustee, or being a corporate body, it is liquidated. If any trustee ceases
to act, the remaining trustee/s shall continue to act and shall have full
powers in terms hereof.
13.4. In administering the trust, the trustees shall follow such procedure as
they deem fit. Proper books of account shall be kept. The trustee may
appoint an auditor for the trust but are not obliged to do so.
13.5. Any trustees or trustees’ agent who is a professional person will be
entitled to perform professional work for the trust and to charge
reasonable professional fees for such services over and above the fees
allowable to the Trustee as set out herein and The Master of the High
Court is entitled to call for taxation of any fees so charged.
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13.6. The trustees has the power to perform in the name of the trust or in
their own name on behalf of the trust, any acts and enter into any
contracts and undertake any obligations, whether commercial or
otherwise, which may be done by a natural person of full legal capacity,
which powers include but are not limited to the following:
13.6.1 To purchase or acquire in any way stock -in-trade, plant, machinery,
land, buildings, agencies, shares, debentures and every other kind
or description of movable and immovable property;
13.6.2 To manage, insure, sell, lease, mortgage, dispose of, give in
exchange, work, develop, build on, improve, turn to account of in
any way otherwise deal with its undertaking or all or any part of its
property and assets;
13.6.3 To apply for, purchase or by any other means acquire, protect,
prolong, and renew any patents, patent rights, licenses, trademarks,
concessions, or other rights and to deal with and alienate them;
13.6.4 To borrow money;
13.6.5 To secure the payment of moneys borrowed in any manner
including the mortgaging ceding and/or pledging of property;
13.6.6 To lend money to any person or company;
13.6.7 To invest money in any manner;
13.6.8 To open and operate banking accounts and to overdraw such
accounts;
13.6.9 To make, draw, issue, execute, accept, endorse, and discount
promissory notes, bills of exchange and any other kind of
negotiable or transferable instruments;
13.6.10 To enter into indemnities, guarantees and suretyship and to secure
payment thereunder in any way;
13.6.11 To form and have an interest in any company or companies for the
purpose of acquiring the undertaking or all or any of the assets or
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liabilities of the company or for any other purpose which may seem,
directly or indirectly, calculated to benefit the trust, and to transfer to
any such trust or companies the undertaking or all or any of the
assets or liabilities of the trust;
13.6.12 To take part in the management, supervision and control of the
business or operations of any other company or business and to
enter into partnerships;
13.6.13 To make donations;
13.6.14 To undertake and execute any trust;
13.6.15 To act as principals, agents, contractors, or trustees;
13.6.16 To pay gratuities and pensions and establish pension schemes,
profit-sharing and plans and other incentive schemes; and
13.6.17 To enter into contracts anywhere in the world and to execute any
contracts, deeds, and documents in any foreign country.
13.7 The trustees may determine their own procedure.
13.8 The assets of the trust may be held in the name of the trust, or the trustees
or any nominee of the trustees, if appropriate.
13.9 The trustees have an absolute and unlimited discretion, in all matters
relating to the trust but they may not act contrary to this order and the trust
deed to be drafted in accordance herewith.
13.10 The trustee/s and/or the successor or successors shall be required to
provide security for the due administration of the trust.
13.11 The trustees shall not be personally liable to the beneficiaries for any trust
losses, except caused by gross negligence or deliberate wrong.
13.12 The trustees shall under no circumstances be personally liable to creditors
of the trust.
12. The income and capital beneficiary is U[…] M[…] [the plaintiff].
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13. No asset, capital or income of the trust will vest in the beneficiary until such is
actually paid over, handed over or delivered by the trustees to the beneficiary.
No capital or income benefit to which any beneficiary is or may become
entitled by virtue of this trust deed shall, prior to actual payment or transfer
thereof by the trustees to the beneficiary, be capable of being ceded,
assigned or pledged, or transferred in any way, or be capable of attachment
by any creditor or trustee of a beneficiary upon insolvency, unless the trustees
consent thereto in writing.
14. The trustees may in their absolute discretion, at any time prior to termination
of the trust, transfer or pay any part of the trust fund to the beneficiary which
will become the free and absolute property of such beneficiary.
15. Any asset or money which beneficiary receives pursuant to this trust deed
shall not form part of any joint estate and shall not be subject to any marital
power.
16. The trust deed can only be amended in writing with the consent of the Master
of the High Court and, failing such consent, with the leave of this Court
provided however that no amendment which is in conflict with the provisions
of the Court Order may be effected without the prior leave of the Court having
been granted thereto.
17. The trust shall terminate by Court order, such request to be brought by the
trustees at their discretion. The Court to be satisfied that such dissolution is in
the beneficiary’s best interest, at that material time
………………………….
By Order of Court
For the Plaintiff
Adv. VJ Chabane
072 792 9219
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Chabanevj@rsabar.com
Instructed by Radebe T Attorneys Inc
010 824 4075
info@radebetatorneys.co.za
For the Defendant
Ms. N Mhlongo
State Attorney
011 330 7600 /072 452 7151
Nkatekom@raf.co.za