Road Accident Fund v Zwelakhe Jerome Mkhize

The respondent was injured while seated as a passenger in the cab of an articulated tanker that was being towed by a tow truck after the tanker had broken down. During the towing operation, the tanker capsized after colliding with a road grader. The accident was caused solely by the negligence of the tow truck driver. The respondent, who was employed in connection with the operation, claimed compensation from the Road Accident Fund. The Fund raised a preliminary issue that the respondent’s claim was limited to R25 000 in terms of section 18(1) of the Road Accident Fund Act 56 of 1996, as he was a passenger being conveyed in the course of business. The High Court held that the limitation did not apply, prompting the Fund’s appeal.

The appeal was upheld with costs. The order of the court a quo was set aside and replaced with an order declaring that the respondent’s claim was limited to R25 000 in terms of section 18(1) of the Road Accident Fund Act 56 of 1996, and that the respondent was liable for the costs of the proceedings.

The case clarifies the application of section 18(1) of the Road Accident Fund Act, particularly in situations involving towing operations. It confirms that a single driver may be regarded in law as driving more than one vehicle simultaneously, and that passengers conveyed in a towed vehicle may fall within the statutory limitation of liability. The judgment provides authoritative guidance on the interpretation of ‘driver’, ‘conveyed’, and ‘motor vehicle concerned’ under the Act.