Nekokwane v Road Accident Fund

The applicant, Ndishavhelafhi Thomas Nekokwane, claimed damages from the Road Accident Fund (RAF) for personal injuries sustained on 3 June 2014 in Tshavhalovhedzi, Limpopo. He was injured when the front loading basket of a parked Tractor-Loader-Backhoe (TLB) fell on his feet. At the time, the TLB was stationary, unattended, and its engine was off. The applicant gave contradictory versions under oath about how the accident occurred, including whether gravity or hydraulic failure caused the basket to fall. The High Court found him not to be a credible witness and dismissed his claim. Leave to appeal was refused by both the Supreme Court of Appeal and subsequently sought from the Constitutional Court.

The application for leave to appeal was dismissed. No order as to costs was made.

The case reinforces the Constitutional Court’s jurisdictional limits, confirming that it will not entertain appeals that are purely factual or seek to overturn credibility findings of lower courts. It clarifies that alleging a failure to apply section 39(2) of the Constitution does not, without more, establish a constitutional issue. The judgment is significant for RAF litigation and for maintaining the distinction between factual disputes and genuine constitutional or legal questions.