LPL4802
MAY JUNE PORTFOLIO 2025
Unique #:690828
Due Date: 29 May 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Ngubane v Road Accident Fund 2022 (5) SA 231 (GJ)
Facts of the Case
Simphiwe Bongayiphi Ngubane was a pedestrian involved in a motor vehicle
accident on 27 February 2019. He initiated a claim for general damages against the
Road Accident Fund (RAF) on 11 August 2020. The RAF failed to respond or defend
the action. Before the matter reached the stage of litis contestatio (closure of
pleadings), Mr. Ngubane passed away on 25 February 2021. His estate, represented
by an executor, was substituted as the plaintiff. The application for default judgment
followed, but the presiding judge questioned whether the claim for general damages
could legally transfer to the deceased’s estate before litis contestatio had been
reached.1
Legal Question
The key legal issue was whether a claim for general damages (a personal right) can
transfer to a deceased estate if the deceased passes away before litis contestatio is
reached.2
Judgment and Ratio Decidendi
The court confirmed that according to longstanding common law, a claim for general
damages does not transfer to a deceased estate unless litis contestatio has
occurred.3 In this case, litis contestatio had not taken place, as the defendant (RAF)
had never filed a plea, and pleadings were not closed. Thus, the claim for general
damages could not legally pass to the estate.4
The court acknowledged that a majority in Nkala v Harmony Gold Mining Co Ltd had
proposed a blanket development of the common law to allow such claims to transfer,
irrespective of litis contestatio. However, Thompson AJ preferred the minority view in
1
Ngubane v RAF 2022 (5) SA 231 (GJ), para 2.
2
Ngubane, para 3.
3
Ngubane, paras 17–18.
4
Ngubane, para 20.
Varsity Cube 2025 +27 81 278 3372
MAY JUNE PORTFOLIO 2025
Unique #:690828
Due Date: 29 May 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Ngubane v Road Accident Fund 2022 (5) SA 231 (GJ)
Facts of the Case
Simphiwe Bongayiphi Ngubane was a pedestrian involved in a motor vehicle
accident on 27 February 2019. He initiated a claim for general damages against the
Road Accident Fund (RAF) on 11 August 2020. The RAF failed to respond or defend
the action. Before the matter reached the stage of litis contestatio (closure of
pleadings), Mr. Ngubane passed away on 25 February 2021. His estate, represented
by an executor, was substituted as the plaintiff. The application for default judgment
followed, but the presiding judge questioned whether the claim for general damages
could legally transfer to the deceased’s estate before litis contestatio had been
reached.1
Legal Question
The key legal issue was whether a claim for general damages (a personal right) can
transfer to a deceased estate if the deceased passes away before litis contestatio is
reached.2
Judgment and Ratio Decidendi
The court confirmed that according to longstanding common law, a claim for general
damages does not transfer to a deceased estate unless litis contestatio has
occurred.3 In this case, litis contestatio had not taken place, as the defendant (RAF)
had never filed a plea, and pleadings were not closed. Thus, the claim for general
damages could not legally pass to the estate.4
The court acknowledged that a majority in Nkala v Harmony Gold Mining Co Ltd had
proposed a blanket development of the common law to allow such claims to transfer,
irrespective of litis contestatio. However, Thompson AJ preferred the minority view in
1
Ngubane v RAF 2022 (5) SA 231 (GJ), para 2.
2
Ngubane, para 3.
3
Ngubane, paras 17–18.
4
Ngubane, para 20.
Varsity Cube 2025 +27 81 278 3372
