Luyanda Mda v Road Accident Fund

The plaintiff was involved in a motor vehicle collision on 19 February 2021 on the N2 near Jojweni between Mthatha and Qumbu. He was driving a white Isuzu bakkie in misty and wet conditions when an oncoming Toyota bakkie, driven by an insured driver who later died, encroached into his lane while straddling the centre line. Due to the weather, proximity to road rails, and the sudden appearance of the insured vehicle, the plaintiff could only brake but could not avoid the collision, which occurred on his side of the road. The plaintiff instituted a claim against the Road Accident Fund. Merits and quantum were separated, leaving only the issue of negligence for determination.

The defendant was held 100% liable for all damages suffered by the plaintiff arising from the motor vehicle accident. The defendant was ordered to pay the costs of trial on Scale B.

The case reaffirms the approach of South African courts to credibility assessments in RAF matters, particularly where a plaintiff is the sole eyewitness. It underscores that adverse weather conditions and sudden emergencies are relevant in assessing reasonable driving conduct and contributory negligence. The judgment also illustrates the limited evidentiary value of hearsay investigator testimony and inaccurate police sketch plans.