Maxhinga Nene Triumphs Over Road Accident Fund in Preliminary Judgment

In a pivotal court ruling on August 19, 2024, Maxhinga Nene emerged victorious in his personal injury claim against the Road Accident Fund (RAF), dating back to a harrowing incident on July 20, 2017. On that fateful day, Nene, a pedestrian then aged 57, fell victim to a road accident involving a truck that veered off the road and struck him.

The Gauteng Division of the High Court in Pretoria took into consideration the substantial burden of injury Nene bore, as detailed in the medico-legal report by Dr. Ngcoya, an orthopaedic surgeon. The court acknowledged the expert's affidavit, which delineated the severe physical toll on Nene, including a right compound olecranon fracture and a consequential diminished capacity that affected his work performance and overall quality of life. Persistent pain and limited motion in Nene's right shoulder and elbow necessitate ongoing conservative treatment and, eventually, probable joint replacement surgeries.

Nene's legal representatives meticulously complied with procedural requirements, filing all requisite forms, including the RAF1 and RAF4, and persistently engaged with the RAF to ascertain their stance on the injury's seriousness—efforts that went unheeded by the fund. The RAF, on its part, challenged the claim on technical grounds, suggesting noncompliance with the Act's regulations for determining the "seriousness" of injuries, though it had recognized the accident's occurrence.

Resolute in Nene's favor, the court held the insured driver solely accountable for negligence, citing the absence of appropriate vigilance and an unjustified road departure that encroached upon Nene's path. This negligence led to 100% liability for the damages suffered by the plaintiff.

Yet the settlement of quantum remained stagnant, postponed indefinitely due to the RAF's failure to respond to Nene's serious injury assessment report, a noncompliance that forestalls resolution. The court, citing precedents, indicated that it lacks jurisdiction to order the RAF to issue an undertaking for future medical expenses, which only the fund can elect to provide.

As part of the judgment, the RAF was ordered to articulate its position concerning Nene's injuries within 30 days, in compliance with Regulation 3 of the Road Accident Fund Act, a mandate aiming to break the bureaucratic deadlock and safeguard the plaintiff's interests.

The outcome represents a cautionary tale for the RAF and a reminder of the legal imperative to promptly and decisively engage with claims, highlighting the judiciary's commitment to uphold the rights of accident victims within South Africa's legal framework.