Road Accident Fund v Mgwaba

The respondent, a pedestrian and newspaper vendor, was struck by a motor vehicle while crossing Columbine Avenue at a signalised intersection in Johannesburg during peak morning traffic. The insured vehicle, driven by Ms Bailey, was travelling eastbound through the intersection when the collision occurred. The respondent claimed damages from the Road Accident Fund, alleging negligence on the part of the insured driver. Physical facts included skid marks of approximately 9–10 metres, a shattered windscreen, and the final positions of the vehicle and pedestrian after impact. The respondent alleged he crossed on a green pedestrian signal, while evidence established that the traffic lights were green for vehicles in Columbine Avenue. No expert evidence on speed, stopping distance, or accident reconstruction was led.

Appeal upheld with costs; the judgments of the trial court and the full court were set aside; the Road Accident Fund was absolved from the instance with costs.

The case is significant for clarifying the limits of judicial inference from circumstantial and physical evidence in negligence cases. It cautions courts against engaging in technical accident reconstruction without expert evidence and reinforces principles governing proof of negligence, reaction time, stopping distance, and the evaluation of credibility on collateral issues. It is frequently cited in South African delict and evidence law.