LPL4802
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026
(271981) - DUE 26
March 2026
, Critically discuss the judgment in Jordaan v Road
Accident Fund (2022/03746) [2023] ZAGPJHC 1260
(3 October 2023) with specific reference to the
court’s approach to the assessment and procedural
handling of damages claims. In your answer, you
should: • Briefly outline the material facts and the
nature of the damages claimedHere’s a brief outline of
the material facts and the nature of the damages claimed in
Jordaan v Road Accident Fund (2022/03746) [2023] ZAGPJHC
1260:
1. Material Facts
The plaintiff, Jeanine Maria Jordaan, instituted action
against the Road Accident Fund (RAF) for damages
arising from a motor vehicle accident on 5 May 2018.
The RAF conceded that its insured driver was solely
negligent in causing the collision.
The plaintiff initially filed her particulars of claim
seeking damages totaling R2 300 000, covering personal
injuries and loss of support for herself and her two minor
children following the death of the family’s breadwinner
in the accident.
On the eve of the default judgment hearing, the plaintiff
served a Rule 28(1) notice to amend her claim,
substantially increasing the quantum to approximately R8
856 629.99, which included expanded claims for medical
expenses, loss of earning capacity, and general damages,
as well as loss of support.
Because of the late and significant amendment to quantum,
the RAF filed a notice to defend shortly before the
hearing, preventing a default judgment from being granted.
, 2. Nature of the Damages Claimed
The plaintiff’s damages claim comprised of:
Personal injury damages arising from the bodily injuries
sustained in the accident.
Past and future medical expenses, reflecting costs
already incurred and projected future health-related needs
due to the injuries.
Loss of earnings and future earning capacity, based on
the impact of the injuries on the plaintiff’s ability to work
and earn income.
General damages, for pain, suffering and other non-patrimonial
loss.
Loss of support for the plaintiff and her minor children
resulting from the death of the family’s breadwinner in the
accident.
. • Explain the court’s reasoning on litis
contestatio and the effect of substantial
amendments to quantumCourt’s Reasoning
on Litis Contestatio
1. What litis contestatio means in modern practice
The court explained that litis contestatio refers to the point at
which pleadings are closed and the issues between the parties
are clearly defined so that the dispute is fixed for trial. In
modern South African civil procedure, this concept is
synonymous with the close of pleadings as envisaged by Rule
29 of the Uniform Rules of Court.
Under Rule 29, pleadings are considered closed when:
All parties have joined issue, and no further pleadings are
to be filed;
The time for filing a replication has expired;
Assignment 1
(COMPLETE
ANSWERS)
Semester 1 2026
(271981) - DUE 26
March 2026
, Critically discuss the judgment in Jordaan v Road
Accident Fund (2022/03746) [2023] ZAGPJHC 1260
(3 October 2023) with specific reference to the
court’s approach to the assessment and procedural
handling of damages claims. In your answer, you
should: • Briefly outline the material facts and the
nature of the damages claimedHere’s a brief outline of
the material facts and the nature of the damages claimed in
Jordaan v Road Accident Fund (2022/03746) [2023] ZAGPJHC
1260:
1. Material Facts
The plaintiff, Jeanine Maria Jordaan, instituted action
against the Road Accident Fund (RAF) for damages
arising from a motor vehicle accident on 5 May 2018.
The RAF conceded that its insured driver was solely
negligent in causing the collision.
The plaintiff initially filed her particulars of claim
seeking damages totaling R2 300 000, covering personal
injuries and loss of support for herself and her two minor
children following the death of the family’s breadwinner
in the accident.
On the eve of the default judgment hearing, the plaintiff
served a Rule 28(1) notice to amend her claim,
substantially increasing the quantum to approximately R8
856 629.99, which included expanded claims for medical
expenses, loss of earning capacity, and general damages,
as well as loss of support.
Because of the late and significant amendment to quantum,
the RAF filed a notice to defend shortly before the
hearing, preventing a default judgment from being granted.
, 2. Nature of the Damages Claimed
The plaintiff’s damages claim comprised of:
Personal injury damages arising from the bodily injuries
sustained in the accident.
Past and future medical expenses, reflecting costs
already incurred and projected future health-related needs
due to the injuries.
Loss of earnings and future earning capacity, based on
the impact of the injuries on the plaintiff’s ability to work
and earn income.
General damages, for pain, suffering and other non-patrimonial
loss.
Loss of support for the plaintiff and her minor children
resulting from the death of the family’s breadwinner in the
accident.
. • Explain the court’s reasoning on litis
contestatio and the effect of substantial
amendments to quantumCourt’s Reasoning
on Litis Contestatio
1. What litis contestatio means in modern practice
The court explained that litis contestatio refers to the point at
which pleadings are closed and the issues between the parties
are clearly defined so that the dispute is fixed for trial. In
modern South African civil procedure, this concept is
synonymous with the close of pleadings as envisaged by Rule
29 of the Uniform Rules of Court.
Under Rule 29, pleadings are considered closed when:
All parties have joined issue, and no further pleadings are
to be filed;
The time for filing a replication has expired;
