Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Labour Court halts UCT consultation process that could defeat pending whistleblower trial

July 28, 2026

Constitutional Court overturns 22-year murder sentence, orders prisoner’s release

July 28, 2026

UP scholar makes the case for specialised environmental courts to curb pollution

July 27, 2026
Facebook X (Twitter) Instagram
Trending
  • Labour Court halts UCT consultation process that could defeat pending whistleblower trial
  • Constitutional Court overturns 22-year murder sentence, orders prisoner’s release
  • UP scholar makes the case for specialised environmental courts to curb pollution
  • Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh
  • Fund ordered to recalculate pension benefit after retiree wins R2.53 million retirement dispute
  • JSC advises President Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge
  • Newly built dream house declared uninhabitable, engineer finds major structural defects
  • Gauteng mandatory mediation directive stands after legal challenge fails on procedural grounds
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Judge rules in favour of Pretoria motorist injured in 2016 accident
Law & Justice

Judge rules in favour of Pretoria motorist injured in 2016 accident

Kennedy MudzuliBy Kennedy MudzuliNovember 29, 2024Updated:November 29, 2024No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

The Gauteng Division of the High Court in Pretoria has ruled in favour of Mike Botha, granting him compensation for bodily injuries sustained in a motor vehicle collision that took place on 29 October 2016.

This landmark judgment, delivered on 28 November 2024, comes after an appeal against a previous court ruling that had dismissed both the case and his claims against the Road Accident Fund (RAF). The RAF did not appear at the trial, and the court proceeded on the basis of a judgment by default.

During the trial, Botha was the sole witness, recounting harrowing details of the collision. He explained how he was driving home from a music festival when he felt threatened by occupants of a Volkswagen vehicle, who made menacing gestures. In an attempt to seek safety, Botha accelerated towards a nearby police station but soon found himself rear-ended by the threatening VW, resulting in a severe loss of control and lengthy hospitalisation, during which he lost consciousness for three days.

Despite the gravity of his injuries – which left him unable to walk unaided for months – the initial ruling left him bereft of justice. The court a quo concluded that Botha had failed to provide sufficient evidence to establish either the involvement of the other vehicle or its driver’s negligence. However, the appellate judges found this conclusion to be flawed, noting that the lack of substantial corroborative evidence does not negate the realities of the case.

In a detailed judgement, Engelbrecht AJ pointed out that unchallenged testimony is still valid if it meets the legal standards necessary to prove negligence. They determined that both the collision and the negligence of the VW's driver could be inferred from Botha's account, thereby overturning the lower court's dismissal of the case.

Furthermore, the judges highlighted that procedural fairness was denied to Botha as the previous court had made negative credibility findings without forewarning him of such implications. With these critical legal principles underscored, the court ordered the RAF to compensate Botha for 100% of his agreed or proven damages, though the precise amount will be addressed at a later date.

RAF Road Accident Road Accident Fund
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Labour Court halts UCT consultation process that could defeat pending whistleblower trial

July 28, 2026

Constitutional Court overturns 22-year murder sentence, orders prisoner’s release

July 28, 2026

Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh

July 27, 2026

Comments are closed.

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Labour Law
6 Mins Read

Labour Court halts UCT consultation process that could defeat pending whistleblower trial

By Kennedy MudzuliJuly 28, 20266 Mins Read

The Labour Court in Cape Town has barred the University of Cape Town from continuing a Section 189 consultation process against employee Fahim Docrat, finding it could defeat the purpose of pending litigation over whether his intended demotion was retaliation for making protected disclosures.

Constitutional Court overturns 22-year murder sentence, orders prisoner’s release

July 28, 2026

UP scholar makes the case for specialised environmental courts to curb pollution

July 27, 2026

Homeowner wins appeal after arguing sale of family home for unpaid levies was too harsh

July 27, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Judge dismisses bid to suspend attorneys over R23 million dispute, citing unfair investigation

July 22, 2026

Labour Court stops municipal disciplinary hearing over AI citation concerns

July 22, 2026

Court approves surrogacy where second wife carries child for first wife under customary law

July 22, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by