High court also blasts it for clogging up court rolls and abusing court rules for ‘an ulterior purpose’.
Slow and sneaky: The RAF offered no explanation as to why it ‘wakes up on the morning of the hearing to action a postponement’. Picture: Supplied
Khan handed down judgment on Friday to a claim lodged by Mita Agnes Mashabela, a member of the South African Police Service , against the RAF related to an accident when she was the driver of a vehicle involved in a collision on 25 January 2019 in Protea Glen, Soweto. He said the RAF did not subpoena or call any of witnesses to testify or attempt to properly place any of the available documents before the court, and it appears there is much more the RAF could have done to put up a defence of Mashabela’s claim in this matter and attempt to limit the liability.
He ordered that the RAF is liable for 100% of Mashabela’s proved or agreed damages arising from the vehicle collision; postponement of the determination of the quantum of damages; and awarded costs against the RAF. “A delay of years in having a matter before court is met with a tender of costs by the RAF and an automatic postponement for possibly another five years, without interest.Khan said no explanation was forthcoming for why RAF claims are being processed and settled at “the pace of an arthritic snail or why the RAF wakes up on the morning of the hearing to action a postponement”.
“There is no indication of when the RAF seriously begins applying its institutional mind to these claims,” he added.‘Horse trading’ at the court’s expense
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