Dlakane obo HD (a minor) v Road Accident Fund

The plaintiff, Ms Noxolo Cynoria Dlakane, acting in her representative capacity on behalf of her minor son, instituted action against the Road Accident Fund (RAF) for damages arising from injuries sustained by the child in a motor vehicle accident on 10 April 2022 at Mdantsane, East London. The claim included general damages and loss of earning capacity. Although liability had previously been declared 100% in favour of the plaintiff on a default basis, the RAF persistently refused to register and assess the claim on its system, alleging non-compliance with the Road Accident Fund Act 56 of 1996 (RAF Act), particularly in relation to lodgement requirements and proof of locus standi. Despite a prior PAJA review order setting aside the RAF’s objection and declaring the claim substantially compliant, the Fund continued to ignore court orders and failed to assess the seriousness of the child’s injuries or make any offer.

The court declared that the plaintiff has locus standi to lodge the claim and institute the action on behalf of her minor child; declared that the plaintiff met the registration requirements; ordered the RAF to register the claim on its system, assess it within 15 days, and make an appropriate offer; and ordered the RAF to pay the costs of the proceedings on Scale A.

The judgment reinforces the principle that the Road Accident Fund is bound by court orders and cannot rely on internal administrative processes to frustrate valid claims. It affirms the role of PAJA in reviewing and setting aside unlawful administrative conduct by the RAF and underscores the protection of minors’ claims. The case highlights judicial intolerance for systemic non-compliance by the RAF and strengthens claimants’ ability to compel administrative action.