Judge rejects suspicious RAF claim
Limpopo High Court (Polokwane) Judge Maake Kganyago has picked up a suspicious claim lodged against the Road Accident Fund (RAF) – a R4m claim instituted following an alleged road accident did not make sense given the facts before the court.
A Cape Times report says Kganyago immediately noted: ‘From the minimum evidence placed before court, there is a possibility that this is not a genuine claim, and the plaintiff’s injuries were not caused by or arising out of the driving of a motor vehicle. However, it is not the duty of this court to investigate whether the injuries were caused by or arising out of the driving of a motor vehicle.’
The judge added: ‘When dealing with public funds, a high degree of care is expected from the courts in order to avoid the abuse which may occur as a result of most RAF matters currently being undefended.’
The judge found some discrepancies relating to the alleged accident.
The first was that, according to the records, she had been taken to hospital in October 2019. She complained that she had missed a step and fell, and sustained an injury to the left ankle, which was swollen.
Nowhere was a car accident mentioned.
The second issue was that the accident report was completed three months after the crash, and the SAPS could not issue a sketch plan of the scene. This meant the accident site had not been visited.
When the court questioned these issues, the attorney could not answer the judge, and, out of the blue, told the court that the client had subsequently fired him.
‘The alleged termination of the mandate by the plaintiff is questionable as it does not state who will be taking over the file,’ the judge said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.