Judge lashes RAF over 'reckless' handling of case

A Gauteng High Court (Pretoria) judge has slammed the ‘blasé’, ‘reckless’ handling of Road Accident Fund matters and referred the matter to the Law Society and Bar Council. According to a Beeld report, Judge Sulet Potterill has handed down a strongly-worded judgment and punitive costs order against the RAF, ordering the fund to pay Happy Matidza (22) more than R5m, but also using her judgment to lash the fund and lawyers. Potterill said the case tells a story of incompetence, recklessness with public funds, possible abuse of court rules and a lack of knowledge about constitutional principles. The judge noted that Matidza’s claim was settled on the day of the trial. The only remaining issue was whether the patient required an additional prosthesis. But, in court, the judge was told the RAF had issued an instruction to settle ‘nothing’. Potterill said there was no explanation as to why the RAF lawyers had changed their position moments before the trial – not an isolated incident (Legalbrief Today has reported on similar tactics previously). She said RAF case handlers were regularly called to court to explain their actions. The attorney acting on behalf of RAF gave instructions to counsel in court without knowing the facts of the matter, the judge noted. This caused ‘blatant’ lies to be repeated in court. Even after a postponement, the attorney had still not read the facts, Potterill said.

Full Beeld report

Matidza v Road Accident Fund (23635/2015) [2016] ZAGPPHC 98 (4 March 2016)