The Road Accident Fund has been ordered to pay more than R2.2 million to a road accident victim after the Western Cape High Court rejected its attempt to avoid liability for past medical costs.

Acting Judge M Louw also granted a punitive costs order against the RAF, criticising its decision to oppose the claim despite existing court rulings on the issue.

RAF Given 180 Days to Pay

The court ordered the RAF to pay R2 231 081.34 on behalf of Catherine Yiannakis. The payment must be made within 180 days.

Yiannakis was injured as a pedestrian in a motor vehicle collision on 12 February 2018. Since around July 2018, she has lived in a long-term care facility that provides specialised nursing and care for people with chronic psychiatric and mental disorders.

The claim was brought by Advocate Roxanne van Wyk on Yiannakis’s behalf.

Medical Aid Dispute at Centre of Case

The RAF had conceded the merits of the claim. Most damages were settled between the parties through a court order dated 5 August 2024.

The remaining dispute was over past hospital, medical and related expenses.

The total amount included R1 678 832.58 payable to Yiannakis and R552 248.76 due to Discovery Health Medical Scheme.

The RAF argued it was not liable for the portion already paid by the medical aid. However, Louw said the law in the Western Cape Division was settled on this point.

Judge Rejects RAF Stance

Louw said the RAF’s reliance on the possibility of a future successful appeal was “untenable”.

She said a court must apply the law as it stands when a case is heard, not as it may be decided in future.

The judge found that Van Wyk had proved the RAF was liable for the full amount.

Punitive Costs Order Issued

Louw said the RAF could not have opposed the matter in good faith.

She described its opposition as frivolous and said it showed a disregard for established obligations.

The judge also warned that defending “hopeless matters” wastes public resources, increases legal costs and forces claimants to spend more money enforcing rights already recognised by the courts.