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

I still carry the scars: GBV survivor Wendy Bhengu reflects on a lifetime of trauma

November 22, 2025

Graced to Win: Kgomotso Mamello Motshidi on faith, perseverance, and leadership

November 21, 2025

GBV and the national shutdown in South Africa: A decolonial and Foucauldian critique

November 21, 2025
Facebook X (Twitter) Instagram
Trending
  • I still carry the scars: GBV survivor Wendy Bhengu reflects on a lifetime of trauma
  • Graced to Win: Kgomotso Mamello Motshidi on faith, perseverance, and leadership
  • GBV and the national shutdown in South Africa: A decolonial and Foucauldian critique
  • Church regulation sparks urgent legal challenge against CRL Rights Commission
  • Kimberley High Court sets a standard for magistrates’ recusal in South Africa
  • South Africa’s bold refusal: Challenging empire at the 2025 G20 and the International Court of Justice
  • Tribunal overturns OUTsurance debarment, citing lack of evidence and human impact
  • Supreme Court rejects RAF’s bid to reopen widow’s injury settlement
Facebook X (Twitter) Instagram
ConvictionConviction
Demo
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Supreme Court rejects RAF’s bid to reopen widow’s injury settlement
Civil Law

Supreme Court rejects RAF’s bid to reopen widow’s injury settlement

Court protects widow’s psychiatric injury settlement and finds the Road Accident Fund offered no valid reason to reopen the matter after many years.
Kennedy MudzuliBy Kennedy MudzuliNovember 20, 2025Updated:November 20, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
blank
Share
Facebook Twitter LinkedIn Pinterest Email
  • RAF reconsideration case dismissed with costs. The long delay and weak explanation fail to justify reopening the settlement.
  • The court confirms that the psychiatric injury settlement was based on expert agreement and cannot be undone by a later contrary opinion.
  • Exceptional circumstances required by section 17(2)(f) of the Road Accident Fund Act were not proven. The finality of settlements is strongly reinforced.
For almost 20 years, Sarah Wilson Lewis has dealt with the emotional and financial fallout from the accident that killed her husband in November 2006. Her path through the legal system has been just as long.

She filed a summons in 2009, and over the years, both she and the Road Accident Fund (RAF) brought in several experts, including psychiatrists, clinical psychologists, and an industrial psychologist, to evaluate the full impact of her loss. These experts eventually produced joint minutes that unanimously stated she had suffered a serious psychiatric injury directly related to the accident.

This expert agreement led the RAF to admit liability in its updated plea in 2022. It accepted full responsibility for her proven or agreed damages and settled parts of the claim, including general damages and medical expenses. For Lewis, this was both a recognition of her suffering and the start of closure.

However, that certainty crumbled when the RAF tried to change its position. After getting a new opinion from an American psychiatrist, one Dr Khan, in late 2022, the RAF sought to amend its plea. It now wanted to deny the psychiatric injury, challenge the connection to the accident, and argue that Lewis still could earn. This new expert opinion sharply contrasted with the earlier agreement among all jointly appointed experts.

Legal setbacks at every level

The RAF’s attempts to overturn its previous admission led to a series of unsuccessful legal actions. On 18 May 2023, the Western Cape High Court rejected the RAF’s request to amend its plea. On 27 July 2023, the same court denied the appeal. The RAF then took its case to the Supreme Court of Appeal, which, on 18 October 2023, also denied the request under section 17(2)(b) of the Superior Courts Act.

The situation then took an unusual turn. On 4 April 2024, the President of the Supreme Court of Appeal sent the refusal of the appeal back to the court for reconsideration under section 17(2)(f). This set the stage for the RAF reconsideration case, now decided by Acting Judge DV Dlodlo, with Judge XM Petse and BH Mbha concurring.

Causation at the centre of the dispute

At the core of the appeal was the link between Lewis’s husband’s death and her psychiatric injury. Four aspects of her claim depended on this connection: past medical expenses, future medical expenses, general damages, and loss of earnings or earning capacity.

The RAF had initially accepted this link. It had also agreed to hire the industrial psychologist, Dr Lourens, whose findings were based on the earlier joint psychiatric assessments. Later, however, the Fund tried to reject these findings even after it had proposed the joint appointment.

The respondent challenged the RAF’s effort to withdraw its admissions, arguing that the Fund had already compromised the issue of causality through the expert agreements reached in pre-trial proceedings. The High Court agreed and denied the amendment.

Supreme Court of Appeal confirms binding compromise

In dismissing the RAF reconsideration case, the Supreme Court of Appeal strongly criticised the Fund’s actions. Judge Dlodlo stated that the application was marked by unacceptable delays and a lack of a clear explanation. The judgment found that the RAF’s change in position lacked evidence and aimed to undo a binding settlement based on a later opposing opinion.

Judge Dlodlo noted, “At the time of the original admission, there was expert agreement between the psychiatrists and psychologists for both parties, which confirmed the psychiatric injury and its causal link to the accident.” He added, “A compromise is not undone simply because one party later obtains a different opinion.”

The court stressed that section 17(2)(f) is for exceptional cases only. Judge Dlodlo warned that the provision “is not meant to help unhappy litigants by allowing them another chance.”

Finding no exceptional circumstances, the court denied the reconsideration and upheld the settlement as binding. It dismissed the application, ordering the RAF to cover the costs, including those for two lawyers.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.
civil procedure psychiatric injury RAF settlements Supreme Court of Appeal
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

    Insurer’s attempt to exclude COVID-19 business interruption cover for Fourways Mall dismissed

    November 19, 2025

    Loans or love? Johannesburg High Court rules R610 000 ‘gift’ was actually a loan

    November 11, 2025

    Pretoria High Court judge slams attempt to strip accident victims of their payouts

    November 10, 2025
    Leave A Reply Cancel Reply

    Prove your humanity: 7   +   6   =  

    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
    Human Rights
    5 Mins Read

    I still carry the scars: GBV survivor Wendy Bhengu reflects on a lifetime of trauma

    By Collen KhorommbiNovember 22, 20255 Mins Read

    Wendy Zimasa Bhengu, a GBV survivor from Rustenburg, reflects on a lifetime of trauma from childhood abuse and an abusive marriage, and now uses her story to advocate for stronger protections and support for all survivors.

    Graced to Win: Kgomotso Mamello Motshidi on faith, perseverance, and leadership

    November 21, 2025

    GBV and the national shutdown in South Africa: A decolonial and Foucauldian critique

    November 21, 2025

    Church regulation sparks urgent legal challenge against CRL Rights Commission

    November 21, 2025
    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) WhatsApp
    Our Picks

    I still carry the scars: GBV survivor Wendy Bhengu reflects on a lifetime of trauma

    November 22, 2025

    Graced to Win: Kgomotso Mamello Motshidi on faith, perseverance, and leadership

    November 21, 2025

    GBV and the national shutdown in South Africa: A decolonial and Foucauldian critique

    November 21, 2025
    Most Popular

    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
    © 2025 Conviction.
    • Home
    • Law & Justice
    • Special Reports
    • Opinion
    • Ask The Expert
    • Get In Touch

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