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LPL4802 MAY JUNE
PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025
- DUE 29 May 2025
NO PLAGIARISM
[Year]
,Exam (elaborations)
LPL4802 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (690828) - DUE
29 May 2025
Course
Law of Damages (LPL4802)
Institution
University Of South Africa (Unisa)
Book
Law of Damages Through the Cases
LPL4802 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025
(690828) - DUE 29 May 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us. ...
QUESTION 1 [15 marks] Critically discuss Ngubane v RAF 2022 (5) SA 231
(GJ), a copy of which is provided for your reference. Your answer must clearly
demonstrate that you have read and understood the case. Marking criteria
Marks will be awarded as follows: • Facts of the case (2), • Legal question
(1), • Judgment and ratio decidendi (10), • Stating whether you
agree/disagree with the judgment and provide specific reason(s) for your
answer (2).
Critical Discussion of Ngubane v RAF 2022 (5) SA 231 (GJ)
This discussion critically analyzes the case of Ngubane v Road Accident Fund 2022 (5) SA 231
(GJ), demonstrating an understanding of its facts, legal question, judgment, ratio decidendi, and
offering a reasoned opinion on the court's decision.
Facts of the Case (2 marks):
The plaintiff, Ms. Ngubane, suffered bodily injuries in a motor vehicle accident on 12 August
2017 due to the insured driver's negligence. She subsequently lodged a claim for damages with
the Road Accident Fund (RAF). However, the medical report accompanying her claim form, as
required by the Road Accident Fund Regulations, 2008, was completed by a medical practitioner
who examined her for the purpose of the claim, but was not the doctor who had treated her for
the injuries sustained in the accident. The RAF raised a special plea, arguing that this non-
compliance with Regulation 3(3)(c) of the Regulations rendered her claim invalid.
Legal Question (1 mark):
, The primary legal question before the court was whether the plaintiff's failure to submit a
medical report completed by the medical practitioner who treated her for the injuries sustained in
the accident, as stipulated by Regulation 3(3)(c) of the Road Accident Fund Regulations, 2008,
resulted in the invalidity of her claim against the RAF.
Judgment and Ratio Decidendi (10 marks):
The Gauteng Local Division, Johannesburg, per Kathree-Setiloane J, dismissed the RAF's
special plea. The court held that the plaintiff's non-compliance with Regulation 3(3)(c) did not
automatically invalidate her claim. The ratio decidendi of the judgment is based on the following
key reasoning:
1. Purposive Interpretation of the Regulations: The court emphasized the need to
interpret Regulation 3(3)(c) within the broader context and purpose of the Road Accident
Fund Act 56 of 1996 (the Act). The Act's primary objective is to provide compensation to
victims of road accidents for the injuries they have suffered due to the negligent driving
of others. The regulations are intended to facilitate the efficient administration of the Act
and prevent fraudulent claims but should not be applied so rigidly as to defeat the Act's
main aim.
2. Distinction Between Mandatory and Directory Provisions: The court considered
whether Regulation 3(3)(c) was a peremptory (mandatory) or directory provision. While
acknowledging the use of the word "must," which often suggests a mandatory
requirement, the court highlighted that the context, purpose, and consequences of non-
compliance are crucial in determining the true nature of the provision. It reasoned that a
strict, literal interpretation would lead to disproportionate and unjust outcomes,
potentially denying legitimate claimants compensation based on a technicality.
3. Substantial Compliance: The court found that the plaintiff had substantially complied
with the fundamental requirements of lodging a claim and providing medical evidence of
her injuries. The submitted medical report, although completed by an examining doctor,
still provided the RAF with sufficient medical information to assess the nature and extent
of her injuries and investigate the claim. There was no indication of any prejudice
suffered by the RAF or any suggestion of fraudulent intent on the part of the plaintiff.
4. Constitutional Considerations: The court implicitly considered the constitutional right
of access to courts (section 34 of the Constitution). A strict interpretation of the
regulation that automatically invalidates a claim based on a procedural non-compliance
could be seen as an unjustified limitation of this right, particularly when the substantive
requirements of the claim have been met.
5. Case Law Analysis: The court distinguished the present case from instances where there
was a complete failure to comply with more fundamental requirements of the claim
process, such as the submission of the claim form itself within the prescribed time. The
requirement regarding the specific identity of the medical practitioner completing the
report was viewed as a procedural detail aimed at ensuring the reliability of the medical
evidence, but not a condition precedent to the very existence of a valid claim, especially
when other reliable medical evidence is available.
LPL4802 MAY JUNE
PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025
- DUE 29 May 2025
NO PLAGIARISM
[Year]
,Exam (elaborations)
LPL4802 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (690828) - DUE
29 May 2025
Course
Law of Damages (LPL4802)
Institution
University Of South Africa (Unisa)
Book
Law of Damages Through the Cases
LPL4802 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025
(690828) - DUE 29 May 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us. ...
QUESTION 1 [15 marks] Critically discuss Ngubane v RAF 2022 (5) SA 231
(GJ), a copy of which is provided for your reference. Your answer must clearly
demonstrate that you have read and understood the case. Marking criteria
Marks will be awarded as follows: • Facts of the case (2), • Legal question
(1), • Judgment and ratio decidendi (10), • Stating whether you
agree/disagree with the judgment and provide specific reason(s) for your
answer (2).
Critical Discussion of Ngubane v RAF 2022 (5) SA 231 (GJ)
This discussion critically analyzes the case of Ngubane v Road Accident Fund 2022 (5) SA 231
(GJ), demonstrating an understanding of its facts, legal question, judgment, ratio decidendi, and
offering a reasoned opinion on the court's decision.
Facts of the Case (2 marks):
The plaintiff, Ms. Ngubane, suffered bodily injuries in a motor vehicle accident on 12 August
2017 due to the insured driver's negligence. She subsequently lodged a claim for damages with
the Road Accident Fund (RAF). However, the medical report accompanying her claim form, as
required by the Road Accident Fund Regulations, 2008, was completed by a medical practitioner
who examined her for the purpose of the claim, but was not the doctor who had treated her for
the injuries sustained in the accident. The RAF raised a special plea, arguing that this non-
compliance with Regulation 3(3)(c) of the Regulations rendered her claim invalid.
Legal Question (1 mark):
, The primary legal question before the court was whether the plaintiff's failure to submit a
medical report completed by the medical practitioner who treated her for the injuries sustained in
the accident, as stipulated by Regulation 3(3)(c) of the Road Accident Fund Regulations, 2008,
resulted in the invalidity of her claim against the RAF.
Judgment and Ratio Decidendi (10 marks):
The Gauteng Local Division, Johannesburg, per Kathree-Setiloane J, dismissed the RAF's
special plea. The court held that the plaintiff's non-compliance with Regulation 3(3)(c) did not
automatically invalidate her claim. The ratio decidendi of the judgment is based on the following
key reasoning:
1. Purposive Interpretation of the Regulations: The court emphasized the need to
interpret Regulation 3(3)(c) within the broader context and purpose of the Road Accident
Fund Act 56 of 1996 (the Act). The Act's primary objective is to provide compensation to
victims of road accidents for the injuries they have suffered due to the negligent driving
of others. The regulations are intended to facilitate the efficient administration of the Act
and prevent fraudulent claims but should not be applied so rigidly as to defeat the Act's
main aim.
2. Distinction Between Mandatory and Directory Provisions: The court considered
whether Regulation 3(3)(c) was a peremptory (mandatory) or directory provision. While
acknowledging the use of the word "must," which often suggests a mandatory
requirement, the court highlighted that the context, purpose, and consequences of non-
compliance are crucial in determining the true nature of the provision. It reasoned that a
strict, literal interpretation would lead to disproportionate and unjust outcomes,
potentially denying legitimate claimants compensation based on a technicality.
3. Substantial Compliance: The court found that the plaintiff had substantially complied
with the fundamental requirements of lodging a claim and providing medical evidence of
her injuries. The submitted medical report, although completed by an examining doctor,
still provided the RAF with sufficient medical information to assess the nature and extent
of her injuries and investigate the claim. There was no indication of any prejudice
suffered by the RAF or any suggestion of fraudulent intent on the part of the plaintiff.
4. Constitutional Considerations: The court implicitly considered the constitutional right
of access to courts (section 34 of the Constitution). A strict interpretation of the
regulation that automatically invalidates a claim based on a procedural non-compliance
could be seen as an unjustified limitation of this right, particularly when the substantive
requirements of the claim have been met.
5. Case Law Analysis: The court distinguished the present case from instances where there
was a complete failure to comply with more fundamental requirements of the claim
process, such as the submission of the claim form itself within the prescribed time. The
requirement regarding the specific identity of the medical practitioner completing the
report was viewed as a procedural detail aimed at ensuring the reliability of the medical
evidence, but not a condition precedent to the very existence of a valid claim, especially
when other reliable medical evidence is available.
