Limpopo Man's Road Accident Fund Claim Dismissed After Court Reveals Car Used as Weapon in Fight
A man from Limpopo has had his claim against the Road Accident Fund (RAF) thrown out by the North Gauteng High Court in Pretoria. The court ruled that Oscar Mashengani was not the victim of a hit-and-run incident, as he had claimed. Instead, the evidence presented revealed that he was intentionally struck by a car during a violent altercation.
The incident occurred in the early hours of 1 January 2019, outside the Fish Point Tavern in Vleifontein, near Louis Trichardt. Mashengani was injured when Tendani Edwin Ramunenyiwa drove his car into him following a dispute that escalated into a physical fight.
The sequence of events leading to the incident began when the tavern owner decided to close for the night. After switching off the music, the owner asked Mashengani and his companions to leave the premises. Mashengani then requested to borrow a bucket from the owner to carry the remaining alcohol. While the owner agreed to this request, Ramunenyiwa objected, sparking a heated argument between the two men. The argument quickly turned physical.
Witnesses intervened and separated the men, but the situation took a dangerous turn when Ramunenyiwa went to his car. He then drove the vehicle directly towards Mashengani and his friends, hitting Mashengani. According to reports, Ramunenyiwa allegedly attempted to run him over a second time, but was prevented from doing so by bystanders who intervened.
Mashengani was promptly transported to the Vleifontein clinic to receive medical attention for his injuries. Simultaneously, an attempted murder case was opened against Ramunenyiwa. During the subsequent police investigation, Mashengani admitted that he had slapped Ramunenyiwa during the initial fight, before being struck by the car.
In his statement to the police, Mashengani described the incident, saying: "While I was on the gravel road with my friends, I noticed that there was a white private car that was running towards me and my friends. The vehicle came straight at me, and I was walking from the side of the road."
Mashengani's account was corroborated by the statements of his two friends who were present at the scene. They supported his version of events, confirming that Ramunenyiwa had intentionally driven his car into Mashengani.
However, when Mashengani submitted his claim to the RAF, he omitted any mention of the preceding fight. Instead, he claimed that he was simply the victim of a hit-and-run accident.
In his claim, Mashengani stated: "The accident occurred when a white private motor vehicle coming from behind hit my left leg and I rolled on the ground." This version of events presented to the RAF was a stark contrast to the account he gave to the police and the testimonies of his friends.
During the court proceedings, Mashengani's friends were not called to testify, leaving him as the sole witness in his own case. He admitted to the court that the initial argument had indeed started over a bucket. He testified that he had visited the tavern on 31 December 2018 and subsequently went to a nearby park where artists were performing to celebrate the New Year, leaving his bucket of alcohol at the tavern.
Mashengani claimed that he returned to the tavern at approximately 5:30 am to retrieve his bucket, at which point the fight broke out. He disputed his friend's statement that they had left the tavern after the owner switched off the music. He also denied being under the influence of alcohol, despite admitting to consuming liquor from 12 pm until 5:30 am.
Judge Graham Nasious Moshoana, presiding over the case, highlighted the inconsistencies in Mashengani's testimony. He noted that Mashengani's initial statement to the police made no mention of a hit-and-run incident.
Judge Moshoana stated: "This court is not satisfied with the credibility of the plaintiff’s evidence. Firstly, his oral evidence is inconsistent with his own version given under oath in the statement and the Section 19(f) affidavit. Secondly, his oral evidence is diametrically opposed to the sworn statements by his friends, who were with him at all material times."
The judge also raised concerns about Mashengani's sobriety on the day of the incident. "Another factor which this court finds difficult to ignore is the state of sobriety of the plaintiff on the day in question. Although before court he testified that he was not drunk, this court finds it hard to believe his evidence on this score," Judge Moshoana added.
Furthermore, Judge Moshoana emphasised that the evidence presented strongly suggested that Ramunenyiwa had intentionally used his vehicle as a weapon. This pointed towards a case of attempted murder, rather than reckless or negligent driving.
"The fact that an attempted murder case was registered, investigated and presented to court for prosecution and adjudication is in of itself an inadvertent revelation that the alleged insured driver intended to hit the plaintiff with a motor-vehicle," he explained.
Ultimately, Judge Moshoana concluded that Mashengani had failed to prove that Ramunenyiwa had acted negligently. Instead, the evidence indicated a clear intention to run him over. As a result, the court ruled that the RAF was not liable to compensate Mashengani for his injuries. The claim was therefore dismissed, leaving Mashengani to bear the costs of his medical treatment and legal expenses.
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