North Gauteng High Court judge rejected a mother’s compensation claim for her two children following their father’s fatal motorcycle crash, citing multiple procedural violations.
The court ruled on Monday against Kgadi Josephine Segole application for default judgment against the Road Accident Fund (RAF) due to improper legal representation, last-minute claim amendments, and unsubstantiated financial evidence.
Judge Millar found advocate Jones Zitha improperly assumed attorney functions while prosecuting the claim, violating both the Road Accident Fund Act and Legal Practice Act.
The court noted Zitha dual role as trust account advocate and de facto attorney disqualified the claim under liability exclusion clauses.
The judgment highlighted a R4.5 million claim increase from R1.5 million filed one business day before the hearing as procedurally unfair to the RAF.
Court documents showed the amended particulars lacked proper attorney signatures and gave insufficient notice to the respondent.
Key evidence supporting the compensation amount collapsed when the court excluded expert reports relying on an undisclosed “income affidavit.” No proof of the deceased employment or earnings was presented, leaving actuarial calculations without foundation.
While the ruling invalidates the current application, it preserves Segole’s right to refile through proper legal channels.
The decision reinforces strict adherence to procedural rules in RAF claims and clarifies trust account advocates’ limited role under South African law.
Discover more from Lephalale Express
Subscribe to get the latest posts sent to your email.
Be First to Comment