Road Accident Fund v Monjane

The respondent, Pedro Ernesto Monjane, was employed by Michael Duarte and was injured on 22 May 1997 while loading vegetables onto a motor vehicle driven by Duarte at the Krugersdorp Market. Duarte negligently drove off while Monjane was still loading the vehicle, causing Monjane to fall and sustain injuries. Monjane instituted a damages claim against the Road Accident Fund (RAF) under the Road Accident Fund Act 56 of 1996. It was common cause that Monjane was acting in the course and scope of his employment, that Duarte (his employer) was solely negligent, and that the injury constituted an occupational injury as defined in the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). The RAF raised a special plea contending that it was not liable because, due to s 35(1) of COIDA, Duarte would not have been liable in delict, and thus s 19(a) of the RAF Act excluded RAF liability.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order upholding the Road Accident Fund’s special plea with costs.

The case authoritatively confirms the interaction between the Road Accident Fund Act and COIDA, establishing that employees who suffer occupational injuries in motor accidents caused by their employers are excluded from claiming compensation from the RAF. It clarifies the scope of s 19(a) of the RAF Act and affirms long-standing precedent, reinforcing legislative policy on the division between RAF and COIDA compensation schemes.