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Jordaan v Road Accident Fund (2023): Critical Analysis of
Procedural Handling and Damages Assessment
1. Introduction
In South Africa, the Road Accident Fund (RAF) plays a pivotal role in
providing compensation to victims of motor vehicle accidents for both
bodily injuries and related financial losses. The RAF operates under a
statutory framework designed to ensure that injured claimants receive
timely and fair compensation while also safeguarding the Fund against
unfounded or exaggerated claims. Central to this system is the balance
between procedural fairness, which ensures that claimants and the
RAF are afforded due process, and substantive fairness, which requires
that injured parties are adequately compensated for their losses.
The case of Jordaan v Road Accident Fund (2022/03746) [2023]
ZAGPJHC 1260 presents an instructive example of the challenges
inherent in RAF litigation. The dispute concerned a claimant seeking
damages following a motor vehicle accident, including claims for
general damages, loss of earnings, and medical expenses. A key issue
before the court was the proper procedural handling of substantial
amendments to the quantum of damages claimed, as well as the
claimant’s entitlement to interim payments under Section 17(6) of the
RAF Act.