Car crash victim wins landmark RAF case over Sunday deadline

John Mabaza triumphed against the Road Accident Fund  (RAF) in a pivotal court ruling on Friday.

The South Gauteng High Court dismissed Fund special plea that his injury claim had expired, ordering the fund to cover legal costs.

This decision ends a long battle tied to a 2008 accident.

Mabaza suffered injuries as a passenger in a white Nissan 1400 truck on August 15, 2008.

The crash occurred on the R23 road between Balfour and Heidelberg.

He sought compensation under the Road Accident Fund Act, which guarantees support for accident victims.

The RAF argued Mabaza missed the three-year deadline to file his claim.

Mabaza countered that the final submission day fell on a Sunday.

This meant the deadline legally shifted to the next business day under procedural rules.

Judge Leonie Windell emphasised that prescription laws must align with constitutional rights.

She stressed protecting access to courts, especially for injuries caused by negligent driving.

The ruling ensures fairness when technical deadlines conflict with justice.

This case sets a precedent for future claims involving time limits.

It reaffirms individual rights to seek accident compensation.

Mabaza victory highlighted how persistence and legal clarity can overcome bureaucratic hurdles.