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

Former Gender Equality commissioner Mbuyiselo Botha denied leave payment claim

August 5, 2026

Food order dispute at workplace canteen ultimately costs employee his long-held job

August 5, 2026

High Court clarifies when housebreaking with intent to steal becomes theft

August 5, 2026
Facebook X (Twitter) Instagram
Trending
  • Former Gender Equality commissioner Mbuyiselo Botha denied leave payment claim
  • Food order dispute at workplace canteen ultimately costs employee his long-held job
  • High Court clarifies when housebreaking with intent to steal becomes theft
  • Woman’s fabricated lobolo letter costs her claim to man’s estate and pension
  • PIC CEO Patrick Dlamini’s suspension ruled unlawful by Pretoria High Court
  • Accommodation failures at SAPS and correctional centres undermine public service delivery
  • High Court tells NERSA to review Musina Municipality’s late electricity tariff application
  • Johannesburg Labour Court tightens rules for urgent applications and motion proceedings
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Cleared of fault in Mpumalanga road accident: High Court rules in Kubayi case
Civil Law

Cleared of fault in Mpumalanga road accident: High Court rules in Kubayi case

Judges consider whether shared fault played a role in tragic accident 
Kennedy MudzuliBy Kennedy MudzuliSeptember 4, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The RAF argued that the plaintiff did not take evasive action despite clear road conditions.
  • The plaintiff testified that the accident was sudden and unavoidable. 
  • The court ruled that the defendant was fully responsible and did not share any blame. 

 Could Delisile Prudence Kubayi have done something to avoid the accident that changed her life on 21 November 2021? This was the main question before the Mpumalanga High Court in Mbombela.  

The central issue was whether the driver had any responsibility for the collision or whether the reckless actions of another driver were the sole cause. 

The Road Accident Fund insisted that Kubayi could and should have taken evasive steps. It argued that visibility was good that evening, the road was clear, and a reasonable driver should have seen the danger earlier. According to this view, she did not meet the expected standard of care on the road, so damages should be shared. 

Kubayi’s account was quite different. While driving with her two children along Mahushu Road at about 55km per hour, she suddenly faced a speeding vehicle overtaking illegally in the left-hand emergency lane. 

Without any warning, the vehicle swerved back onto the road, collided with the front of her car, and forced her into a ditch. She noted that the events happened so quickly that she had no time to react. With 20 years of driving experience and no prior accidents, she argued that she could not have reasonably avoided the collision. 

A search for understanding 

In support of its argument, the RAF did not present any witnesses or direct evidence. Its case relied solely on questioning the credibility of Kubayi’s testimony. Her counsel argued that this left the court without a sound basis for dividing damages. They emphasized that contributory negligence requires more than speculation; it needs proof that a driver did not meet the reasonable standard expected in that situation. 

The court accepted Kubayi’s account and dismissed the RAF’s defense. The court found that she had not been negligent and that no evidence supported the claim that she could have avoided the accident. "The defendant has proved no fault on the part of the plaintiff," the judge concluded. The RAF was deemed 100% liable for her damages and was ordered to cover her legal costs. 

Conviction.co.za 

Get your news on the go. Click here to follow the Conviction WhatsApp channel.       

contributory negligence Kubayi road accident Mpumalanga High Court RAF case South African court rulings
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

High Court finds struck-off attorney acted unlawfully and calls for Hawks investigation

July 31, 2026

North-West University barred from disciplining senior lecturer over PhD registration dispute

July 31, 2026

APRAV calls for national settlement hub to clear RAF claims backlog and speed up payments

July 30, 2026
Leave A Reply Cancel Reply

Prove your humanity: 0   +   7   =  

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
Constitutional Law
4 Mins Read

Former Gender Equality commissioner Mbuyiselo Botha denied leave payment claim

By Kennedy MudzuliAugust 5, 20264 Mins Read

The High Court in Johannesburg ruled that former Gender Equality commissioner Mbuyiselo Botha cannot claim payment for accumulated leave because commissioners are public office bearers, not employees.

Food order dispute at workplace canteen ultimately costs employee his long-held job

August 5, 2026

High Court clarifies when housebreaking with intent to steal becomes theft

August 5, 2026

Woman’s fabricated lobolo letter costs her claim to man’s estate and pension

August 5, 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

Legal Practice Council ordered to disclose records behind English-only admission exams

July 28, 2026

Attorney who briefs advocate remains liable for fees unless agreement states otherwise

July 30, 2026

R112,000 hospital bill reduced to R750, allowing refugee child’s body to be released for burial

August 3, 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