The Road Accident Fund v Taylor and other matters

Two personal injury actions against the Road Accident Fund (RAF), instituted by Marilyn Doris Taylor and Hlengani Victor Mathonsi, were settled before trial on a full and final basis. In Taylor, the settlement amount was R1.3 million; in Mathonsi, R1 775 360.35. After settlement, the parties approached the Gauteng Division, Johannesburg, seeking routine procedural orders (removal from the roll or making the settlement an order of court). Fisher J refused to do so, raised concerns about the propriety of the settlements, postponed both matters sine die, declared the settlements void ab initio, and made severe adverse findings against the plaintiffs’ attorneys, counsel, actuary and medical expert, referring them to their respective professional bodies. The RAF, the plaintiffs, and the affected professionals appealed to the Supreme Court of Appeal.

The appeals were upheld. Paragraphs 1a–1c and 1e, and 2a–2c and 2e of the High Court order were set aside. In Taylor, the matter was removed from the roll by agreement. In Mathonsi, the draft settlement order was made an order of court by agreement. The referrals of the attorneys, counsel and actuary to their professional bodies were set aside.

The judgment is a leading authority on the effect of settlement agreements in South African law, reaffirming that courts have no general supervisory power over compromises validly concluded between parties. It strongly reasserts separation of powers, procedural fairness, and the limits of judicial oversight over public entities like the RAF. It also cautions against judicial overreach and protects legal practitioners and experts from adverse findings made without evidence or a fair hearing.