Mr Tsham was severely injured in a motor vehicle accident on 9 November 2020 in Gqeberha, Eastern Cape. He instituted action for damages against the Road Accident Fund (RAF) in terms of the Road Accident Fund Act 56 of 1996. Mr Tsham submitted an RAF 1 form to the defendant under cover letter dated 21 September 2022, sent by registered mail on 29 September 2022. The RAF 1 form and annexures comprised 68 pages and was completed in every material respect. The RAF issued summons on 17 March 2023, entered appearance to defend on 25 April 2023, and filed a plea on 17 May 2023 stating no knowledge of compliance. In October 2024, more than a year later, the RAF filed an amended plea denying compliance, annexing a letter dated 19 June 2024 objecting to the validity of the claim based on Board Notice 271 of 2022. The parties agreed to separate the question of compliance with the Act from the remaining issues in dispute. The RAF admitted it would be liable for 100% of damages if compliance was found.