Sivuyile Siyanda Novukela v Road Accident Fund

The plaintiff instituted an action against the Road Accident Fund (RAF) arising from a motor vehicle collision that occurred on 13 January 2017 at or near Betshwana Location, Mt Ayliff, Eastern Cape. At approximately 23h00, the plaintiff was driving from Mount Frere to Kokstad when, while overtaking another vehicle, an oncoming vehicle unlawfully overtook a truck, crossed the barrier line, and collided with the plaintiff’s vehicle. The plaintiff sustained injuries as a result. The plaintiff was the sole witness, his evidence was not challenged, and the defendant led no evidence.

The defendant was held liable for all agreed or proven damages arising from the accident. The determination of quantum was postponed sine die, and the defendant was ordered to pay the plaintiff’s costs relating to the liability phase, including counsel’s costs on Scale B.

This case reaffirms the principles governing the burden of proof and evaluation of unchallenged evidence in RAF matters. It illustrates that where a plaintiff’s version is credible and uncontested, a court is entitled to accept it and find the RAF liable, reinforcing the application of established delictual and evidentiary principles in motor vehicle accident claims.