In the judgment handed down on 25 April 2024, Mafisa v
Road Accident Fund and Another, the Constitutional Court dealt
with an application for leave to appeal against an order granted by
the Free State Division of the High Court, which had unilaterally
altered the terms of a settlement agreement concluded between the
Road Accident Fund (“RAF”) and Tumalo
Mafisa.
The road to litigation
On 31 January 2016, Mafisa was involved in a motor vehicle
accident which, according to him, was caused by the sole negligence
of the driver who collided with a tree. As a result, Mafisa
suffered bodily injuries and thereafter issued summons against the
Road Accident Fund (“RAF”) for past and future medical
expenses together with loss of income, and general damages. The RAF
disputed both liability and the quantum of the claim.
