Mpumelelo Ndlela

Overview: The current assessment process for general damages in the Road Accident Fund (RAF) is facing significant challenges due to delayed and inconsistent claims assessments. These challenges have led to many cases being postponed indefinitely, often due to the RAF’s failure to participate in trial proceedings, delayed decisions on the seriousness of injuries, and the […]

Overview The Constitution guarantees the right of access to information held by the state to uphold the principle of accountability, which forms a foundation of our democracy. The Promotion of Access to Information Act 2 of 2022 (the PAIA) imposes ‘reasonable and justifiable’ limitations on this right by exempting certain information from disclosure, as outlined […]

Overview The High Court recently highlighted the complexities of loss of income claims for traditional healers in personal injury cases. In Tjiane v Road Accident Fund [2024] 52384-2021 (GP), the court decided on a case where a traditional healer sustained multiple injuries following a motor vehicle accident, resulting in a significant reduction in his earning […]

Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death. Following the COVID-19 pandemic, with most people choosing to stay indoors, the food delivery industry expanded and presented more opportunities for players in the industry. It also created job […]

There are instances where a court order or judgment contains mistakes, ambiguities, or omissions which the court must correct or clarify to the litigants. Often, the purpose of such clarification/correction is to ensure that the proper and true intended purpose of the order or judgment is given effect to and to ensure that such order […]

Author: Mpumelelo Ndlela The Supreme Court of Appeal (SCA) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA (“Motloung”), discouraged the conduct of the sheriff in Pretoria East (“the respondent”) for refusing to serve a high court summons, resulting in the prescription of the Appellant’s third party claim […]